This website is owned and operated by Copreus (Private) Limited (hereinafter sometimes referred to in these T&C as “we”, “our”, “us” or “Copreus”, depending on the context).
Please read these T&C carefully. User (hereinafter sometimes referred to in these T&C as “you”, “your” depending on the context) means any person who procures any of the Value-Added Services from any of the Service Providers. By procuring any of the Value-Added Services (i.e. and thereby becoming an User) you agree (and are deemed to have agreed) to be bound by these T&C and you are entering into a legally binding contract with the Service Providers on a ‘joint and several’ basis; this means that these T&C can be directly enforced against you by the Service Providers (whether in legal proceedings as a claimant or defendant, or otherwise) either collectively or individually.
These T&C are subject to change without prior notice, from time to time at our sole discretion. We will notify you of any amendments to these T&C by posting them on this website (and duly updating the T&C). Any Value-Added Services procured by you after any such change (including the continuation of any existing Value-Added Services) shall be subject to and governed by the updated T&C (whilst any Value-Added Services procured prior to the change will be subject to and governed by the T&C in force at the relevant time). We will inform you of any change to these T&C by posting them on this website. It is however your responsibility to regularly review these T&C and any notices published on this website to ascertain your rights and obligations regarding the procurement of any Value-Added Services.
(A) THE SERVICE PROVIDERS
The term “Service Providers” (or “Service Provider”, when reference is made in the singular form) shall mean and refer to:
(b) SecureCollect (Private) Limited (hereinafter also referred to as “SecureCollect”); and
(c) Premium Support (Private) Limited (hereinafter also referred to as “Premium Support”).
(B) VALUE-ADDED SERVICES
‘Value-Added Services’ (“Value-Added Services”) are those services set out below which are provided by any of the Service Providers to you from time to time. Value-Added Services are provided as ancillary support in relation to your opening and subsequent operation of trading account(s) with the ‘CFD’ trading e-platforms based and operating outside Sri Lanka with whom the Service Providers have entered into certain ‘business process outsourcing’ arrangements (“Online Trading Platforms”), such as www.finq.comand www.gulfbrokers.com. You hereby confirm that you understand and accept that the opening and operation of any trading account(s) with any of the Online Trading Platforms will be separately governed by the terms and conditions agreed to (whether expressly, by operation of any deeming provision, or otherwise) with the relevant platform operators, and your rights and obligations in relation thereto (including, without limitation, those arising out of any gains or losses from any trading activities) will be based on such terms and conditions and solely against the relevant platform operators. You hereby covenant and undertake that you shall not bring any claims whatsoever (and howsoever construed and/or characterised) against any of the Service Providers in relation to your opening and/or operation of your trading account(s) with any of the platform operators, other than in respect of any Value-Added Services provided to you in accordance with these T&C (and subject thereto).
The Value-Added Services that may be made available to you from time to time by the Service Providers are as follows:
Copreus provides outsourced sales, marketing and intermediary services to the Online Trading Platforms. This includes providing the following Value-Added Services:
A. providing information regarding the international capital market opportunities to the Users and providing assistance and/or facilitation services in opening trading accounts with Online Trading Platforms;
B. providing initial guidance to the Users in relation to operation of any trading account(s) with the Online Trading Platforms;
C. forwarding literature and information (including marketing materials and brochures) in relation to CFDs, securities and/or any other financial instruments to the Users (which you acknowledge and agree shall solely be viewed as mere information by you);
D. providing clarifications and guidance in relation to the procedures in place between the Users and the operators of Online Trading Platforms;
E. providing coordination services to the Users with the other Service Providers;
F. being the owner and the operator of this website, making available and maintaining the website including updating the same from time to time as appropriate; and
G. providing any other ancillary services in relation to opening trading accounts with the Online Trading Platforms and account usage related services.
SecureCollect provides payment collection and remittance services within Sri Lanka for and on behalf of the Online Trading Platforms, and in relation to Users.
All funds collected from, or paid to, a User shall be in Sri Lankan Rupees.
SecureCollect may accept a payment from you as security for performance of your contractual obligations in relation to the opening and/or operating of any trading account with any Online Trading Platform, based on the instructions received from the relevant platform operator. Such payments shall be deposited into SecureCollect’s nominated Sri Lankan Rupee denominated bank account, and be subject to compliance with all applicable laws and regulations (including Anti-Money Laundering (AML) and ‘Know Your Customer’ (KYC) obligations that are applicable to SecureCollect from time to time). Once paid, the relevant funds will at all times be held by SecureCollect for and on behalf of the relevant platform operator (and for the avoidance of any doubt, are not treated, deemed or construed to be funds held on your behalf, or over which you have any proprietary, legal, equitable or other similar rights). SecureCollect may also make payments to you from time to time in relation to your trading activities on any Online Trading Platform, based on the instructions received from the relevant platform operator.
In obtaining the aforesaid services from SecureCollect, you hereby acknowledge, understand, agree and accept that:
A. SecureCollect will only be required to deal with the funds paid by you (or on your behalf) in accordance with instructions provided by the relevant Online Trading Platform(s) (as per its’ contractual arrangement therewith);
B. the deposit of any funds into the bank accounts maintained by SecureCollect (whether directly by you, or by a third party for and on your behalf) does not in any manner whatsoever create or give rise to a contractual, trust, fiduciary, partnership, principal-agent, and/or other legal or equitable relationship between SecureCollect and yourself (whether in relation to the relevant funds or otherwise), and to the extent that such a relationship is imposed or implied by law, you do hereby, to the fullest extent permissible, absolutely, unconditionally and irrevocably waive any and all rights in relation thereto; and
C. any and all claims (howsoever defined) that you may have in relation to the funds paid, and/or any transactions or dealings (howsoever defined) entered into and/or undertaken with or through an Online Trading Platform, will be solely and exclusively against the relevant platform operator as per your contractual agreement therewith.
(c) Premium Support
Premium Support provides wide variety of services in relation to trading account management and ongoing trading facilitation, after the trading accounts have been opened with the relevant Trading Platforms. This includes providing the following Value-Added Services:
A. Providing technical training to the Users with regard to operation of their accounts with the relevant Online Trading Platforms;
B. providing updates to the Users regarding developments in trading positions, potential opportunities, and risks etc.,(regarding which you are responsible for exercising your own judgment;
C. providing technical assistance and overall guidance to the Users in opening and closing their trading positions; and
D. instructing the Users regarding trading in capital markets which may include (without limitation) instructing in relation to;
i. risks and opportunities involved in trading;
ii. business strategies associated with trading; and
iii. decision making process in respect of trading in capital markets.
Value-Added Services will be provided without any fee or other charge being levied on you (i.e. as a ‘free service’). However, the provision of any of the Value-Added Services to you by the Service Providers will be at the sole discretion of such Service Providers. Accordingly, a Service Provider may at any time refuse to provide any Value-Added Services to you, or suspend (whether on a temporary or permanent basis) the provision of any such Value-Added Services, at its sole discretion (and with or without allocating any reasons for doing so).
(3) OBLIGATIONS OF AN USER
You represent and warrant to each of the Service Providers that the personal information provided by you at the time of becoming a User by procuring any of the Value-Added Services is true, accurate and complete, and have a duty to promptly inform us of any subsequent changes to such personal information. We shall not be responsible for any loss or damage (howsoever defined) that may result from your failure to provide us with updated information such as changes in telephone numbers, email addresses, changes in bank accounts etc. If you wish to make any changes to your personal information, you are required to send us an email requesting to change such personal information via your e-mail address which was provided to us.
(4) USE OF THIS WEBSITE
We will not be responsible for any damages of any kind or loss of information that might result from the use of this website which includes but is not limited to the transmission of any virus and the disclosure of confidential information by third parties. It is your responsibility to have appropriate and adequate firewalls and other internet security measures (including up-to-date, comprehensive, anti-virus, anti-malware and anti-spyware software) on your computers and mobile devices, and none of the Service Providers shall bear any responsibility whatsoever for any loss or damage arising from a failure to do so. We will take all reasonable measures to ensure that this website is made accessible to the Users at any time. However, this website may be made inaccessible at times for reasons including but not limited to maintenance, changes made to the website, compliance with our legal or regulatory obligations or due to causes that are outside our control. We shall however not be responsible for any loss or damage caused to you by such inaccessibility.
For your information, personal information may be collected from you and used and/or retained for the following:
- To verify your identity: As part of the process of providing any of the Value-Added Services, we may need to verify your identity (including for purposes of complying with certain ‘Know Your Customer’ and ‘Anti-Money Laundering’ related regulatory and compliance obligations under applicable laws).
- To provide you with any Value-Added Services, or information regarding the same, and to review your requirements: we may collect and use your personal information to provide you with any Value-Added Services, and to comply with our obligations under these T&C (and under applicable laws and regulations).
- To help us improve our services: we may from time to time collect and use personal information provided by you to help us improve our services.
- Marketing: we may collect and use your personal information to send you marketing communications by email or phone. This is to ensure that you are kept up to date with any latest information in relation to the Value-Added Services. You may however choose to unsubscribe from receiving any such marketing communications by sending us an email to email@example.com.
- Record keeping: we may need to retain your personal information for internal business and research purposes and record keeping purposes.
Please note that the above list is non-exhaustive and your personal information may be collected, used and/or retained for additional purposes which have not been set out above.
We shall take all reasonable measures to ensure that your information is protected at all times. However, we reserve the right to disclose your information when it is considered necessary to do so, including for the purposes of operating this website and for providing any Value-Added Services.
We may in particular (and without limitation) disclose your information in following instances:
- we may disclose your personal information as required by law, a court of competent jurisdiction or any governmental or regulatory authority; and
we may disclose your personal information to other third parties for the purposes of maintaining and improving this website and/or for the provision of any Value-Added Services. This may include but is not limited to engaging with third parties to outsource certain functions of our business. We shall take all reasonable measures within our capacity to prevent the unauthorized disclosure of information, but shall not be responsible where such unauthorized disclosure occurs and causes any loss or damage (unless we have been grossly negligent, engaged in misconduct or acted fraudulently) or the actions or omissions of third parties.
(e) The use of external websites
(6) Market Data
Service Providers (and their Officials) are not investment advisers and therefore they are not purporting to provide you with any investment advice.
The information and/or data provided by any of the Service Providers (including through their Officials) on this website and/or otherwise communicated to you (via your nominated e-mail address, in person, via telephone or other method of written or verbal communication) is solely intended for information purposes only. Such information shall not constitute any offer, recommendation or solicitation to any User (and/or any other person) to enter into any transaction or adopt any trading or investment strategy, nor does it constitute any prediction of likely future movement in rates, currency or prices. The information and/or data provided as aforesaid is indicative only and the Service Providers are not responsible or liable if any such data or information is inaccurate or incomplete in any respect. In any case, at all times you have the responsibility to determine the actual suitability of any information and/or data provided to you (whether in writing or verbally),and bear all risks associated with acting on or using the same. We strongly advise you to not to take any investment decisions and/or actions based on such information and/or data and to exercise your own judgment (as well as seek professional advice) regarding the appropriateness of investing in any CFDs, securities and/or any other financial instruments and to consider all relevant risk factors before obtaining any Value-Added Services and/or engaging in any trading activities whatsoever via the Online Trading Platforms.
The data or information provided on this website and/or communicated to you as aforesaid is also confidential and proprietary to the relevant Service Providers and you are not permitted to retransmit, redistribute, publish, disclose or display (in whole or in part) such data or information to third parties. All intellectual property rights belong to their respective owner.
(7) Intellectual property rights
All trademarks and logos (and or copyright material) found on this website or mentioned herein belong to their respective owners. Nothing contained on this website (or these T&C) should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any such intellectual property without the written permission of the party that owns the same.
(8) Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NO SERVICE PROVIDERWILL BE LIABLE TO ANY USER (AND/OR ANY OTHER PERSON) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR IN RELATION TO THE USE OF THIS WEBSITE, THE PROVISION OF ANY VALUE-ADDED SERVICES AND/OR ANY BREACH OF THESE T&C.
FURTHERMORE,THE MAXIMUM AGGREGATE LIABILITY OF EACH SERVICE PROVIDER THAT SHALL ARISE OUT OF, OR IN CONNECTION WITH,THE PROVISION OF ANY VALUE-ADDED SERVICES (AND/OR OTHERWISE UNDER THESE T&C) SHALL NOT EXCEED SRI LANKAN RUPEES ONEHUNDRED THOUSAND (LKR100,000/-).
You shall defend, indemnify and hold us and/or any other Service Providers (and our respective directors, officers, employees, agents and representatives) (the “Indemnified Parties”) harmless from any loss, claim, liability or expense, including, without limitation, attorney’s fees and costs, arising out of or in connection with your failure to observe or comply with the terms and conditions set out in these T&C, and/or any other act or omission on your part which causes any loss or liability (howsoever characterised) to any of the Indemnified Parties.
Service Providers may send notices to the email address (if any) or other contact details provided to us by you when you become an User. It is your responsibility to ensure that you notify us of any change to your email address or other contact details. No Service Provider shall be responsible for any loss or damage (howsoever defined) that may result from your failure to provide us with an updated email address and/or other contact details. Any notice sent by us to your email address shall be deemed to have been delivered at the time of sending.
(11) Entire Agreement
These T&C constitute the entire contract between you and the Service Providers in relation to the provision of any Value-Added Services (save and except that any Service Provider may, at its discretion, rely on any other third-party contracts (including the agreements you enter into with the relevant platform operators) and/or other documents entered into by you that expressly or impliedly confer on such Service Provider any rights, powers, benefits or protection (howsoever construed or characterised, including any waivers or limitation of liability), and you acknowledge and agree that in entering into this contract with the Service Providers you have no relied on any oral or written representation, warranty or other assurance (except as provided for or referred to in these T&C) and irrevocably, absolutely and unconditionally waive all rights and remedies which might otherwise be available to you in respect thereof, except that nothing in these T&C will exclude liability on the part of any Service Provider for fraud.
(12) Governing law and dispute resolution
(a) These T&C shall be governed by, and construed in all respects in accordance with, the laws of Sri Lanka.
(b) Any doubt, difference, dispute, controversy or claim arising from, out of or in connection with these T&C (and/or the provision of any Value-Added Services), or on the interpretation thereof or on the rights, duties, obligation, or liabilities of any parties thereto or on the operation, breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Rules of the Arbitration Centre of the Institute for the Development of Commercial Law and Practice. The venue of the arbitration proceedings shall be Colombo and the proceedings shall be in English. The number of arbitrators shall be three (3).