YWO (MU) Ltd · Legal
Client Agreement
Last Updated: May 2026 · Volume: V1
CLIENT AGREEMENT
YWO (MU) Ltd
Please take sufficient time to read this Client Agreement as well as any other additional documentation and information available to you via our website prior to opening an account and/or carrying out any activity with us. You should contact us for any further clarification, or seek independent professional advice, if necessary.
YWO (MU) Ltd does not issue advice, recommendations or opinions in relation to acquiring, holding or disposing of any financial product. YWO (MU) Ltd is not a financial, legal, tax or regulatory adviser.
Risk Warning: Contracts for difference (‘CFDs’) is a complex financial product, with speculative character, the trading of which involves significant risks of loss of capital. Trading CFDs, which are marginal products, may result in the loss of your entire balance. Remember that leverage in CFDs can magnify your profits as well as your losses. You should not deposit more than you are prepared to lose. You should ensure you fully understand the risks involved before entering into an agreement and start using the Trading Platform.
INTRODUCTION:
The Agreement is entered by and between YWO (MU) Ltd ((hereinafter called the “Company”, or “we” or “us” or “YWO”) on the one part and the Client (which may be a legal entity or a natural person) who has completed the Account Opening Application Form and has been accepted by the Company as a Client (“Client” or “you” or “your”) on the other part.
YWO (MU) LTD (the “Company”) is incorporated and existing under the Laws of Mauritius with registration number 229766, and registered address Legacy Capital Co Ltd, 2 Floor, Suite 201, The Catalyst, Ebene, Republic of Mauritius.
The Company is an Investment Dealer (Full-Service Dealer, Excluding Underwriting) Licensee, regulated and authorized by the Financial Services Commission (“FSC”), Mauritius under the license number GB25205550.
1. SCOPE
By signing up to use an account through ywo-mu.com or any of our associated websites, application programming interfaces (“APIs”), or mobile applications (collectively the "Site"), you confirm that you have read, understood, and agree to be bound by this Agreement and the Company’s policies and legal documents published on its website (including the AML/CFT Policy, Privacy Policy, Cookies Policy, Risk Disclosure, Complaints Handling Policy, Conflicts of Interest Policy, and Best Execution Policy) (together, the “Policies”), each as amended from time to time. If there is a conflict between this Agreement and a Policy, this Agreement prevails unless the relevant Policy expressly states it prevails on a specific matter.
Depending on your jurisdiction and its laws, you may not have access to some or all of the Services. YWO retains the sole right to determine its operational markets and jurisdictions and may restrict or deny access to its Services in specific countries or regions. The Services available to you will be accessible through your account.
You are solely responsible for understanding and complying with the laws in your jurisdiction, as well as any other applicable laws or regulations, including those of the jurisdiction from which you access the Site and/or Services. If using the Site and/or Services is prohibited in your country (whether due to your citizenship, residency, or tax residency status), you must refrain from accessing or using them. Non-compliance with local laws may lead to the termination of your account and forfeiture of any associated assets.
YWO reserves the right to modify, update, amend, or remove these Terms, as well as any policies or rules governing the Site and/or Services, at its sole discretion and at any time. This includes imposing or changing transaction fees on the Platform, which may apply to transactions facilitated by YWO or third parties. Any updates to these Terms will be communicated through the Site or other means, such as email or account notifications.
Furthermore, and without prejudice to any rights or remedies available under applicable law, the Company may, at its sole discretion and without liability, modify, suspend, restrict, discontinue, or terminate, whether temporarily or permanently, all or any part of the Site, the Services, specific features, or related information, including your access thereto. Such action may be taken with or without prior notice where required by law, including where necessary to comply with regulatory obligations, manage operational or security risks, prevent fraud or market abuse, or protect the integrity of the Company’s systems and services. You acknowledge and agree that the Company shall not be liable to you or to any third party for any such modification, suspension, or termination, to the extent permitted by applicable law.
BY ACCESSING, USING, OR ATTEMPTING TO USE THE SERVICES IN ANY CAPACITY, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE SERVICES.
2. INTERPRETATION AND DEFINITION
“Account” means an account registered with us via the Site for use of the Services.
“Abusive Trading” shall mean the following actions, but not limited to, pip-hunting, scalping, arbitrage, manipulations, a combination of faster/slower feeds, violation of the Client’s obligations.
“Account Credentials” shall mean a unique username and password used by you to access and use the Trading Platform.
“Affiliate” shall mean in relation to the Company, any entity which directly or indirectly controls or is controlled by the Company, or any entity directly or indirectly under common control with the Company; and “control” means the power to direct or the presence of ground to manage the affairs of the Company or entity.
“Authorized Person” shall mean you or any of your officers, partners, principals or employees.
“Applicable Regulations” shall mean any rules of a relevant regulatory authority having powers over the Company and any laws which are applicable on the Company.
“AML” means anti-money laundering and terrorism financing;
“Base Currency” shall mean in an FX Contract the first currency in the Currency Pair against which the Client buys or sells the Quote Currency.
“Buy” shall mean a Transaction in FX and CFD that is opened by offering to buy a specific number of a certain Underlying Asset and may also in our dealings with you in FX and CFDs, be referred to as a "long" or "Long Position".
“Customer”, “you”, “your” means the customer using the Services or the Site;
“Contract for Difference or CFD” shall mean the Financial Instrument which is a contract between the parties (typically described as "buyer" and "seller"), stipulating that the seller will pay to the buyer the difference between the current value of an Underlying Asset and its value at a future time; if the difference is negative, then the buyer pays instead to the seller.
“Commissions” means the fees charged by the Company for executing a trade or providing brokerage services, which may be a fixed amount or a percentage of the transaction value.
“Difference” shall mean in an FX and CFD the difference in price upon the opening of a Transaction and the closing of such Transaction.
“Effective Date” shall mean the date upon which you download or obtain a copy of the Trading Platform, by any means whatsoever.
“Expiry Date” shall mean the date set specified on the Trading Platform with respect to certain Underlying Assets upon which any open Transaction for such Underlying Asset shall expire automatically.
“Financial Data” shall mean any financial and market data, price quotes, news, analyst opinions, research reports, signals, graphs or any other data or information whatsoever available through the Trading Platform.
“Financial Institution” shall mean banks, financial institutions, brokers or other trading organizations.
“Financial Instrument” shall mean the Financial Instruments of CFDs.
“Force Majeure Events” means any event beyond our reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond our reasonable control (each, a "Force Majeure Event");
“Initial Margin” shall mean the minimum amount of money required in your Trading Account in order to open a Transaction, as specified on the Trading Platform from time to time for each specific Underlying Asset.
“Intellectual Property Rights” shall mean patents, trademarks, service marks, logos, get-up, trade names, internet domain names, rights in designs, copyright (including rights in computer software), database rights, semi-conductor topography rights, utility models, rights in know-how and other intellectual property rights, in each case whether registered or unregistered and including applications for registration, and all other rights or forms of protection having equivalent or similar effect anywhere in the world.
“Mark-ups” means an additional charge added to the original market price of a financial instrument by the Company, increasing the cost to the client.
“Person” includes an individual, association, partnership, corporation, other body corporate, trust, and any form of legal organization or entity;
“Prohibited Jurisdictions” means any country: (i) which is subject to international sanctions; or (ii) where Virtual Currency or blockchain technology are prohibited, or the Platform does not meet the legal requirements of the country; (iii) not included in the list of the Supported Countries. A Prohibited jurisdiction will include the specific country and all of its states, territories in or under the laws of the country;
“Prohibited Use” means any use of the Platform or Services in any way connected with, related to or constituting (i) unlawful activity, i.e. violation of any law, statute, ordinance, or regulation; (ii) abusive activity, i.e. actions that impose an unreasonable or disproportionately large load on YWO infrastructure, e.g. facilitate viruses or other computer programming routines that attempt to or may in any way damage or disrupt our Services, use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data; (iii) abuse of other users, i.e. acting in a defamatory, trade libellous, threatening or harassing manner that can result in an infringement of another user's legal rights; (iv) fraud involving YWO, our users or any other third party; (v) abuse of YWO support, compliance and other employees with whom you may come into contact, i.e. acting in a defamatory, threatening or harassing manner, as well as bribery of and abuse of personal relationship with our employees; (vi) intellectual property infringement, i.e. violation of any copyright, trademark, right of publicity or privacy or any other proprietary right under the law;
“Prohibited Activity” means activities conducted by any Person relating to (i) counterfeit or unauthorized goods; counterfeit or unauthorized goods; (ii) regulated products and services; (iii) adult content and services; (iv) drugs and drug paraphernalia, including pseudo-pharmaceuticals and substances designed to mimic illegal drugs; (v) shell banks and shell companies; (vi) companies and institutions operating without a mandatory license; (vii) multi-level marketing; (viii) unfair, predatory or deceptive practices; (ix) other prohibited activities as defined by YWO, including but not limited to facilitating transactions to/from darknet markets.
“Pip (Percentage in Point)” means the smallest standard price movement in a currency pair. It typically represents the fourth decimal place (0.0001) for most currency pairs, except for some pairs like the Japanese Yen (JPY), where it is the second decimal place (0.01).
“Pips Value” means the monetary worth of a single pip movement in a trade, calculated based on the trade size, currency pair, and account denomination. It determines the profit or loss for each pip change in price.
“Services” means any of the services, functions or features both collectively and individually offered on the Site;
“Spreads” means the difference between the bid (selling) price and the ask (buying) price of a financial instrument, representing the cost of executing a trade.
“Site” or “Platform” means the website ywo-mu.com , our mobile apps or application programming interfaces ("API"), where Services are available. Under this definition also falls any associated websites, which are relevant to the provision of Services;
“Swaps” means the interest rate adjustments applied to open positions held overnight, which may result in a credit or debit based on the interest rate differential between the traded currencies or instruments.
“Terms” means these general terms and conditions including all documents and information, incorporated into these Terms by reference, as described in the Terms.
For the avoidance of doubt, the Company does not provide custody, safekeeping, or trustee services, does not hold financial instruments on behalf of clients, and does not operate custody accounts. All trading is conducted exclusively through cash-settled over-the-counter derivative instruments.
3. ELIGIBILITY
3.1. By registering for a YWO Account (as defined below), you represent and warrant that:
- You are at least 18 years old or of legal age to enter into a binding contract under applicable law;
- You are an individual, legal entity, or organization with the full legal capacity and authority to agree to these Terms;
- You have not been previously suspended or removed from using our Services;
- You do not currently hold an existing YWO Account; and
- You are not a resident of any Prohibited Jurisdiction.
3.2. The Platform and/or Services are available only to individuals who are 18 years or older and legally capable of entering into binding contracts under applicable law.
3.3. The use of the Site and Services is void where prohibited by law.
3.4. The Company may restrict, refuse, suspend, or terminate Services where: the Client is resident in, incorporated in, or accessing from a jurisdiction subject to sanctions (including European Union/United Nations/Office of Foreign Assets Control sanctions regimes), the jurisdiction is identified as high-risk by the Company, including jurisdictions on Financial Action Task Force (FATF) lists (as updated) or otherwise presenting elevated ML/TF or fraud risk; or providing Services would expose the Company to legal, regulatory, reputational, operational, or financial risk. The Company reserves the right to update this list at its sole discretion, with changes communicated through updates to these Terms.
3.5. Additionally, the following individuals (including their beneficiaries) are prohibited from using the Site and Services:
- Those listed on trade, financial, or economic sanctions lists;
- Those intending to use the Site or Services for illegal purposes, including but not limited to money laundering or terrorism financing;
- Those failing to meet YWO’s customer due diligence requirements or deemed high-risk under YWO’s sole discretion;
- Those previously rejected, removed, or found in violation of these Terms; and
- Those failing to comply with their local laws and regulations related to using the Site and Services.
3.6. If you are agreeing to these Terms on behalf of a legal entity, you represent and warrant that you have the necessary authority to bind the entity to these Terms.
3.7. By accessing and using the Site or Services, you declare, acknowledge, and warrant that none of the ineligibility criteria outlined above apply to you.
3.8. YWO does not offer Services to individuals or entities in Prohibited Jurisdictions or those engaged in activities considered Prohibited Activities at YWO’s sole discretion.
3.9. YWO reserves the right to decline registration or refuse to establish a relationship with you under these Terms, with or without reason. Access to the Site and Services may be granted or withheld at YWO’s sole discretion.
3.10. By opening an account to use the Services, you expressly represent and warrant that:
- You have the full capacity to accept these Terms and conditions and to enter transactions involving CFDs;
- You reside in a location where the use and exchange of Virtual Currency are permitted;
- You are not using the Site or Services on behalf of any third party; and
- You will not transfer any funds to or from your account to or from wallets controlled by individuals or entities from Prohibited Jurisdictions or involved in Prohibited Activities.
3.11. Promotional bonuses and trading credits, if offered, are governed by the Company’s published Client Bonus Policy, which are available on the Company’s Website. The Client acknowledges and accepts that these terms form an integral part of this Agreement.
4. ACCOUNTS
4.1. REGISTRATION
4.1.1.To access and use the Services, you must register for an Account through the Company’s website or approved electronic channels by completing the relevant account registration form and accepting this Agreement and the Company’s Policies.
4.1.2.During the registration process, you will be required to provide accurate, complete, and up-to-date information, which may include, without limitation, your full name, nationality, date of birth, identity number (from a government-issued identity document), valid residential address, email address, and mobile number. The Company reserves the right to request additional information where required for regulatory, risk, or operational purposes.
4.1.3. You represent and warrant that all information provided during registration and throughout the business relationship is true, accurate, complete, and not misleading. You undertake to promptly notify the Company of any material changes to your information. The Company shall not be liable for any loss, delay, or inability to provide Services resulting from inaccurate, incomplete, or outdated information provided by you.
4.1.4.By submitting an application for an Account, you expressly consent to the Company carrying out client due diligence, identity verification, and ongoing monitoring measures in accordance with applicable laws and regulations, including the Financial Intelligence and Anti-Money Laundering Act 2002, related Regulations, and FSC requirements. This may include electronic verification, screening against sanctions and risk databases, and the collection of Source of Funds and/or Source of Wealth information where required.
4.1.5.The Company may grant limited or conditional access to the Services prior to the completion of full verification, subject to internal policies and regulatory requirements. The Company reserves the right to restrict, suspend, or terminate access to the Account until all verification requirements are fully satisfied.
4.1.6.The Company reserves the absolute right, at its sole discretion and without obligation to provide reasons, to refuse an application for an Account, request additional documentation, impose conditions on the Account, or decline to establish or continue a business relationship, where permitted by law.
4.1.7.Information provided during the registration process, as well as throughout your relationship with us, will be retained for at least seven (7) years after the formal termination of our relationship, in accordance with applicable regulations.
4.2. VERIFICATION
4.2.1.In accordance with applicable anti-money laundering, counter-terrorist financing, and regulatory requirements in Mauritius, the Company is required to verify the identity of each Client prior to establishing and throughout the duration of the business relationship. For this purpose, the Company may request information and documentation including, but not limited to, a valid government-issued identity document, proof of current residential address, source of funds and/or source of wealth information, and, where applicable, corporate documents such as a certificate of incorporation, constitutional documents, ownership structure, and financial information.
4.2.2.The Company reserves the right to conduct electronic identity verification, biometric checks, and liveness verification, as well as any other background or screening procedures it considers necessary, as part of the onboarding process and on an ongoing basis.
4.2.3.The Company maintains a zero-tolerance policy toward impersonation, identity fraud, or the use of false or third-party documentation during the onboarding and verification process.
4.2.4.Impersonation includes, but is not limited to:
- Submitting identity documents belonging to another person;
- Attempting to pass biometric or liveness checks using the likeness of a different individual;
- Providing altered, forged, or fabricated documents;
- Acting on behalf of another person without authorization
Where impersonation or fraudulent identity activity is suspected or identified:
- The account will be immediately suspended or terminated;
- All associated funds may be frozen pending further review;
- The incident will be escalated to the AML Compliance Officer;
- A Suspicious Activity Report (SAR) will be submitted to the appropriate authority if required;
- The case may be reported to domestic or international law enforcement or regulators;
- The individual may be permanently blacklisted across Company systems and partner platforms.
Biometric mismatches or failed liveness checks will be treated as potential red flags for impersonation or high-risk account activity. These outcomes are subject to enhanced due diligence (EDD) review.
The Company retains the right to hold all related verification data, including biometric and behavioural indicators, in accordance with record-keeping requirements under applicable AML laws and FATF recommendations.
4.2.5.You authorize YWO to conduct any inquiries we deem necessary, either directly or through third parties, to verify your identity, detect fraud, or prevent financial crimes such as money laundering or terrorism financing. These inquiries may include, but are not limited to:
- Verifying identity details from public records (e.g., name, address, past addresses, or date of birth).
- Reviewing account information linked to your bank account (e.g., name or account balance).
- Collecting any other information required under applicable guidelines.
- We reserve the right to take any action we deem appropriate based on the results of such inquiries.
Failed biometric checks, liveness mismatches, or inconsistent verification results shall be treated as potential risk indicators and may trigger enhanced due diligence measures.
4.2.6. You expressly authorise the Company to conduct any inquiries it deems necessary, either directly or through third-party service providers, to verify your identity, assess risk, prevent fraud, and comply with applicable AML/CFT obligations. Such inquiries may include verification against public or private databases, screening through electronic verification systems, and validation of banking or payment-related information, to the extent permitted by law.
4.2.7. You undertake to provide all requested information and documentation promptly, in the format specified by the Company, and at your own cost. You represent and warrant that all information and documents submitted are true, accurate, complete, and up to date, and you agree to notify the Company without delay of any material changes to such information.
4.2.8.The Company reserves the right to restrict access to Services, suspend account activity, or freeze funds until verification requirements are fully satisfied. Failure to complete the verification process within the timeframe specified by the Company may result in account suspension or closure, without liability to the Company.
4.3. ACCOUNT USAGE AND SECURITY
4.3.1.You are solely responsible for all activities conducted through your Account, whether authorised or unauthorised, to the maximum extent permitted by applicable law. You acknowledge and accept all risks associated with the use of your Account and any resulting losses or damages, except where such losses arise directly from the Company’s gross negligence or wilful misconduct.
4.3.2.Accounts are strictly personal and may only be used by the individual or legal entity in whose name the Account is registered. You must not allow any third party to access, operate, or use your Account. If you become aware of, or reasonably suspect, any unauthorised access to or use of your Account credentials, you must notify the Company immediately. The Company shall not be liable for any losses or damages resulting from unauthorised use of your Account where you have failed to safeguard your login credentials.
4.3.3.We reserve the right to suspend or terminate your account, restrict access to certain Services, and freeze any funds in your account if we suspect or detect any of the following:
- The account or Services are being or may be used for illegal, unauthorized, or fraudulent activities.
- The account is associated with any Prohibited Use or Prohibited Activity.
- The account is being used by someone other than the registered account holder.
- The account holder has violated these Terms or related policies.
- Action is required under applicable law or due to a request or recommendation from an official authority.
- Action is mandated by these Terms or related policies.
- We determine that such action is reasonable and prudent under the circumstances.
4.3.4.You are responsible for maintaining the confidentiality and security of your Account credentials, including usernames, passwords, authentication devices, and any other access mechanisms. You must take all reasonable steps to prevent unauthorised access to your Account and must not disclose your credentials to any third party. The Company shall not be responsible for losses arising from compromised credentials unless such losses result directly from a failure of the Company’s security systems.
5. USE OF SERVICES
5.1. GENERAL
5.1.1.Subject to your acceptance as a client and your ongoing compliance with this Agreement and the Company’s Policies, the Company may provide you with the following investment and ancillary services, as permitted under its licence issued by the Financial Services Commission of Mauritius:
- Execution of orders in financial instruments, including Contracts for Difference (CFDs); and
- Foreign exchange services, where such services are directly connected to the reception, transmission, or execution of client orders.
You acknowledge and agree that trading in CFDs is speculative and does not involve the delivery, ownership, or safekeeping of the underlying asset to which the CFD relates. All transactions are settled in cash based on price movements of the relevant underlying instrument.
5.1.2.The Company may, at its sole discretion, provide clients with access to demo trading accounts using virtual funds for training and simulation purposes. You acknowledge that the execution conditions, pricing, liquidity, and order handling in a demo environment may differ materially from those of a live trading account. Results achieved on a demo account do not reflect actual trading conditions, and the Company bears no liability for any reliance placed on demo trading performance.
5.1.3.From time to time, the Company may offer different types of trading accounts (including but not limited to Demo, Standard, Cent, Zero Spread, or other account structures), each with distinct features, pricing models, spreads, commissions, margins, or trading conditions. The characteristics of each account type are described on the Company’s website and may be amended from time to time. Any request to open, change, or maintain a specific account type is subject to the Company’s approval, which may be granted, refused, or withdrawn at the Company’s sole discretion.
5.1.4.The Company reserves the right to modify, suspend, restrict, or discontinue the availability of the Platform, specific Services, account features, or financial instruments at any time, with or without prior notice, where permitted by law. The Company does not guarantee uninterrupted, continuous, or error-free access to the Platform or Services, and you acknowledge that technical issues, delays, interruptions, or data transmission failures may occur.
5.1.5.Where the Company reasonably suspects that an Account is being used for Prohibited Activities, market abuse, fraud, money laundering, terrorist financing, or any other activity in breach of applicable laws, regulations, or this Agreement, the Company reserves the right to take any action it deems appropriate. Such actions may include, without limitation, restricting access to the Platform, suspending or terminating the Account, cancelling transactions, or freezing funds, in accordance with applicable law and regulatory obligations.
5.1.6.You acknowledge that you may have been introduced to the Company by an Introducing Broker (IB), affiliate, or other third party. Such parties are independent and are not employees, agents, or representatives of the Company, and are not authorised to provide investment advice, discretionary trading services, or to make binding commitments on behalf of the Company 5.1.7.The Company does not accept responsibility or liability for any representations, statements, assurances, or advice provided by any Introducing Broker, affiliate, or third party. Any agreements, arrangements, or communications between you and such third parties are outside the scope of this Agreement. You agree that the Company shall not be liable for any loss, damage, or obligation arising from your reliance on such third parties.
5.2. LICENSE AND USE OF THE TRADING PLATFORM
5.2.1.Trading Platform Usage and Restrictions
The Trading Platform is not intended for distribution to or use by:
- Individuals under the age of 18 or those who lack legal competence or sound mind.
- Residents of countries where such distribution or use would violate local laws or regulations. The Trading Platform and associated services are unavailable to persons residing in jurisdictions where FX or CFD trading activity contravenes local laws or regulations. You are solely responsible for ensuring compliance with all applicable local laws or regulations.
- Citizens or residents of the United States of America, Belize, European Economic Area, Canada, Israel, or Australia, as the Company does not accept Clients from these countries.
- Employees, directors, associates, agents, affiliates, relatives, or individuals otherwise connected to the Company or its affiliates.
We reserve the right, at our sole discretion, to suspend or refuse access to the Trading Platform for any reason.
By using the Trading Platform, you acknowledge that the Company may provide services to other parties and that nothing in this Agreement restricts the Company from doing so.
5.2.2.Limited License for Trading Platform
Subject to your ongoing compliance with this Agreement, the Company grants you a personal, limited, non-exclusive, revocable, non-transferable, and non-sub-licensable licence to access and use the Trading Platform in object-code form solely for the purpose of receiving the Services.
All rights, title, and interest in and to the Trading Platform, including all intellectual property rights (copyrights, trademarks, trade secrets, patents, and related rights), remain the exclusive property of the Company or its licensors.
No rights are granted to you other than those expressly stated in this Agreement. You may not copy, modify, distribute, sell, sublicense, reverse-engineer, decompile, or create derivative works of the Trading Platform.
Any third-party software integrated into the Trading Platform remains subject to the applicable third-party licence terms. The Company provides no warranties or indemnities in respect of third-party software.
5.2.3.Client Responsibilities
You are responsible, at your own cost, for:
- Procuring and maintaining hardware, software, and infrastructure necessary for the operation and maintenance of the Trading Platform at your expense.
- Preventing viruses, breaches, or events that may harm the Trading Platform due to your actions or omissions.
- Ensuring appropriate security and access control for your systems.
You shall promptly notify the Company if you become aware of any malfunction, vulnerability, unauthorised access, or misuse of the Trading Platform. Any suggestions, feedback, or recommendations you provide regarding the Trading Platform may be implemented by the Company at its discretion and shall become the Company’s exclusive property.
5.2.4.Company Rights and Disclaimers
The Company may, at its discretion, add, modify, or remove features of the Trading Platform without liability. The Trading Platform may be inaccessible during maintenance, typically scheduled on weekends.
5.2.4.1. The Company does not guarantee:
- Continuous, uninterrupted access to the Trading Platform.
- That the Trading Platform will be free of errors or defects.
- That the Trading Platform will be free of viruses or harmful components.
- The Company is not liable for any data loss or equipment/software replacement resulting from the use of the Trading Platform.
5.2.5.Prohibited Activities
You agree not to:
- Use the Trading Platform for illegal or inappropriate purposes.
- Interfere with or disrupt Company systems, networks, or software.
- Gain unauthorized access to the Trading Platform or reverse-engineer its security measures.
- Upload or transmit harmful or unauthorized materials (e.g., viruses, Trojan horses, malicious software).
- Use artificial intelligence tools to analyse the Company’s systems.
- Violate intellectual property or confidentiality rights.
- Execute unauthorized actions or orders on the Trading Platform.
- Log in from prohibited jurisdictions or IP addresses for regulatory reasons.
- You are prohibited from downloading, saving, or copying the Trading Platform.
5.2.6.The Company shall maintain strict confidentiality regarding all Client information obtained in the course of the business relationship. Personal data and sensitive documents shall be protected in accordance with applicable data protection laws and the Company’s Privacy Policy.
5.2.7.The Company undertakes not to disclose, sell, or share any Client data to third parties without a lawful basis, unless required to do so by legal or regulatory authorities. The Client acknowledges and accepts the use of data processing and storage systems, including third-party providers, subject to confidentiality obligations.
5.2.8.Directors, employees, agents, or affiliates of the Company who may access Client data shall be bound by confidentiality obligations no less protective than those in this Agreement and applicable law.
5.3. SETTLEMENT, PAYMENTS, COSTS AND TAXES
5.3.1.Outcome of Transactions
Each Transaction entered into through the Trading Platform is a contract for differences and does not involve the delivery of the underlying asset. Upon the closing of a Transaction, the outcome shall be determined solely by reference to the difference between the opening price and the closing price (the “Difference”).
You shall be liable to pay the Difference to the Company where:
i. The Transaction is a Sell, and the closing price is higher than the opening price; or ii. The Transaction is a Buy, and the closing price is lower than the opening price.
You shall be entitled to receive the Difference from the Company where:
i. The Transaction is a Sell, and the closing price is lower than the opening price; or ii. The Transaction is a Buy, and the closing price is higher than the opening price.
The Difference shall be credited to or debited from your Trading Account immediately upon the closing of the relevant Transaction.
5.3.2.Unless otherwise expressly agreed, all amounts payable by either party in respect of a Transaction become due and payable immediately upon the closing of that Transaction. By placing an Order, you expressly authorise the Company to debit or credit your Trading Account with all amounts arising from the execution and settlement of Transactions, including profits, losses, fees, charges, commissions, spreads, swaps, and any other applicable costs.
You acknowledge that until a Transaction is closed, any Maintenance Margin held in your Trading Account constitutes collateral to support open positions and shall not be available for withdrawal.
5.3.3.You are solely responsible for any taxes, fees, or assessments arising from transactions on the Trading Platform, including calculating and paying applicable taxes in your country of residence or any other jurisdiction. If required by law, the Company may withhold necessary taxes from payments due to you. Additional costs, such as taxes, may apply to your transactions, even if not processed or imposed by us. The Company reserves the right to deduct taxes as required by law, and you authorize us to withdraw funds from your Trading Account to cover such deductions, with no claims against us for these actions. This does not affect our right to make Margin Calls as per the Agreement.
5.3.4.Except as expressly provided in this Agreement, the Difference represents the primary financial obligation arising from Transactions. However, you acknowledge and agree that additional fees and charges may apply, including but not limited to spreads, mark-ups, commissions, swaps, rollover fees, inactivity or maintenance fees, and any other charges applicable to your Account or Transactions. The Company reserves the right to introduce, modify, or update its fees and charges, provided that Clients are notified at least twenty-four (24) hours in advance via the Company’s Website, Client Area, or other appropriate communication channels.
5.3.5.If your country of residence has regulations regarding the use or reporting of certain currencies, you agree to comply with any reporting obligations or obtain necessary consents or approvals related to your use of the Trading Platform. The Company shall not be responsible for any losses, penalties, or restrictions arising from your failure to comply with such obligations.
5.3.6.Before opening an Account and throughout the business relationship, you are responsible for familiarising yourself with all applicable charges, including spreads, mark-ups, commissions, swaps, and any other fees. Current information on applicable charges is made available on the Company’s Website or upon request. You acknowledge that not all charges are expressed in monetary terms and that some charges may be reflected in pips or pricing adjustments. You accept the obligation to understand the financial impact of such charges, including the pip value applicable to your Transactions
5.3.7. The Company reserves the right to charge account maintenance or inactivity fees in respect of Accounts that meet specified criteria, including minimum balance thresholds, inactivity periods, Account type, or Client categorisation. Any such fees shall be disclosed on the Company’s Website and shall be debited directly from your Trading Account when applicable.
5.3.8.All applicable fees, charges, costs, and taxes shall be deducted automatically and immediately from your Trading Account. You acknowledge that insufficient funds in your Account may result in Margin Calls, position closures, or other actions in accordance with this Agreement.
6. GENERAL RULES OF TRADING
6.1. The Client acknowledges and agrees that, upon placing an order on the Trading Platform, the Company executes such order as principal and counterparty on a principal-to-principal basis. The Company acts as the sole execution venue for the Client’s orders and is responsible for their execution. The Client further acknowledges that orders are not routed to any external execution venue or exchange and are executed internally by the Company in accordance with its Order Execution and Best Execution Policies.
6.2. By placing an order on the Trading Platform, the Client makes an offer to the Company to enter into a transaction (either to open or close a position) at the price quoted on the Trading Platform. A transaction shall be deemed concluded only once the Company accepts the Client’s offer. Acceptance shall be evidenced by confirmation of the transaction details through the Trading Platform or other official confirmation methods.
6.3. You may request to cancel or amend a transaction at any time before it has been completed by the Company. Once a transaction has been accepted and executed, it may not be cancelled or amended, except as expressly provided in this Agreement or required by applicable law.
6.4. We reserve the right to void any transaction that contains or is based on a manifest error including pricing, quotation, execution, or system errors. In the absence of fraud, gross negligence, or wilful default on the part of the Company, the Company shall not be liable for any losses, costs, or expenses arising from such errors.
6.5. All prices and quotes displayed on the Trading Platform are generated by the Company’s execution systems, which obtain underlying price data (Bid and Ask) from reputable third-party price sources. These underlying prices are used to calculate the tradable prices offered to Clients. The prices quoted on the Trading Platform are the prices at which the Company is willing to transact and may differ from prices available in underlying markets.
6.6. You agree to comply with any trading restrictions imposed by the Company, including but not limited to minimum or maximum transaction sizes, margin requirements, position limits, and other trading parameters. The Company may impose different conditions or restrictions on different Clients, instruments, or account types at its sole discretion.
6.7. You acknowledge that the Trading Platform operates independently of the underlying markets, and we are not obliged to quote a specific price or follow the trading rules of the underlying markets. The prices quoted on the Trading Platform are the ones we determine, not those from the underlying markets. In determining whether your order matches the price on the Trading Platform, we may disregard prices from pre-market, post-market, or other periods where prices may be distorted.
6.8. You acknowledge that transactions executed through the Trading Platform are over-the-counter (OTC) and are not executed on a recognised exchange.
6.9. You agree that the prices quoted on the Trading Platform are for your personal trading use only and shall not be redistributed to any other parties, whether for commercial purposes or otherwise.
6.10. Each transaction will be completed in units of the underlying asset as specified on the Trading Platform. You may only complete transactions in multiples of the unit amount as determined by us, subject to minimum and maximum limits.
6.11. Each position you open, and any transaction completed, will be binding, even if it exceeds any credit or other limit applied to your account.
6.12. You may request a quote to open or close a position at any time during the trading hours for the relevant underlying asset. We are not obligated to provide a quote or accept an offer outside these hours, though we may do so at our discretion. Some transactions may only be available during the trading hours of the underlying market.
6.13. If we become aware that certain conditions have not been met before we accept your order to open or close a transaction, we may, at our discretion, reject the order. If the transaction has already been completed, we may treat it as void or close it at the prevailing market price. However, we may allow you to proceed with the transaction at our discretion.
6.14. The Client acknowledges and agrees that the Company reserves the right, at its sole discretion, to close, cancel, amend, or reject any trade that it deems to be abusive, manipulative, exploitative, or otherwise in violation of fair-trading practices. This includes, but is not limited to, trades executed using arbitrage strategies, price latency exploitation, misuse of the Trading Platform, or any other activity that the Company reasonably determines to constitute unfair or unethical trading behavior. The Company shall not be liable for any losses or damages arising from the exercise of this right, and the Client waives any claims against the Company in relation to such actions.
6.15. The Company reserves the right, at its sole discretion, to restrict, suspend, or terminate Accounts that utilise automated trading systems, algorithms, or software that adversely affect platform stability, execution integrity, or market fairness.
6.16. The following conditions must be met for us to accept your order:
- The quote must be obtained through the Trading Platform or another method we specify.
- Your offer to open or close a transaction must be given while the quote is valid.
- The quote must not contain any manifest error.
- The number of units in the transaction must meet the minimum and maximum limits set by us.
- Your offer to close a position partially must adhere to the minimum unit amounts for both the remaining and closed positions.
- No force majeure event or event of default should occur at the time of your offer.
- You must not exceed any credit or margin limits when opening a position.
- The transaction must occur during the relevant trading hours.
- The internet connection and communications must be stable.
- There must be no legal or regulatory objections to the order.
6.17. We do not endorse or support the use of automated trading solutions such as trading robots or algorithm-based trading ("Robot Trading"). The use of such tools is entirely at your own risk. We make no representations or warranties regarding the performance, accuracy, or reliability of any trading robots. Any transactions executed through robots are considered as your responsibility, and we disclaim any liability for losses resulting from their use.
6.18. Unless expressly agreed otherwise, the Company is under no obligation to monitor the Client’s positions, margin levels, or trading activity or to close open positions. Any intervention by the Company shall be discretionary and shall not create a continuing obligation.
6.19. If any underlying asset is affected by a corporate event (such as a share split, merger, or dividend distribution), we will determine the appropriate adjustments to the transaction price, size, or value to reflect the economic impact of the event. These adjustments will be made at our discretion and will be communicated to you and shall be final and binding.
6.20. Corporate actions may include, without limitation, share splits, consolidations, dividends, mergers, acquisitions, restructurings, or similar events.
6.21. We reserve the right to restrict or withdraw certain assets from the Trading Platform if they are subject to risks, such as a predicted fall in value or a corporate event.
6.22. Any adjustments to the price, size, or quantity of a transaction due to a corporate event will be determined at our sole discretion. These adjustments will be final and binding, and we will inform you of any changes as soon as possible.
6.23. The Company reserves the right, at its sole discretion, to close any Open Positions in a CFD at a price it deems reasonable. The closing price may be set at zero (0) only where the underlying instrument has become objectively valueless, including but not limited to insolvency, liquidation, delisting, cancellation, or comparable events affecting the underlying assetThe Client acknowledges and accepts that the Company shall not be liable for any losses or damages incurred as a result of such action.
6.24. If a takeover or similar event affects an underlying asset, we may close your open positions at the market price immediately before the event takes place and make any necessary adjustments to the contract terms.
6.25. In the case of insolvency or dissolution of a company whose asset forms the CFD, we will close any open transactions related to that asset, effective from the date of insolvency.
6.26. The Company shall make reasonable efforts to execute orders but does not guarantee execution in all circumstances. Execution may be affected by technical issues, connectivity failures, market disruptions, or other factors beyond the Company’s control.
7. DEPOSITS, WITHDRAWALS AND REFUNDS
7.1. Activation of Trading Account:
The Client’s Trading Account shall be activated only after the Client has deposited the Initial Margin or minimum funding amount applicable to the selected Trading Account type, as determined by the Company in accordance with its internal policies and risk management requirements. The Company reserves the right, at its sole discretion, to modify the types of Trading Accounts available, the applicable funding thresholds, and the conditions for account activation at any time. Activation of the Trading Account does not constitute approval of the Client’s verification status, and access to certain Services may remain restricted until all onboarding and verification requirements have been fully satisfied.
7.2. Deposits into Trading Account:
The Client may deposit funds into the Trading Account at any time during the course of this Agreement. Deposits can be made via wire transfer or any other payment methods accepted by the Company, which may change from time to time. The Company will not accept third-party payments or anonymous payments into the Client’s Trading Account. Deposits for Margin and other amounts will generally be required to be in the Currency of the Trading Account, as determined by the Client’s country of origin, as provided in the Client’s address details, and as specified on the Trading Platform. The Company will not be responsible for converting any funds from one currency to another. For detailed deposit options, the Client should refer to the Company’s Website.
7.3. Documentation and Source of Funds:
The Company reserves the right, at any time, to request documentation and information to verify the source of funds deposited into the Trading Account, in accordance with applicable AML/CFT laws and regulatory obligations. If the Company is not reasonably satisfied with the legitimacy, origin, or explanation of the deposited funds, it may reject the deposit, delay crediting the Trading Account, restrict account activity, or take any other action required under applicable laws. The Client agrees to cooperate fully with all such requests and acknowledges that failure to do so may result in account suspension or termination.
7.4. Credit of Deposits:
Upon receiving a deposit, the Company will credit the Client’s Trading Account with the corresponding amount received by the Company within one (1) Business Day, provided the amount has cleared in the Company’s bank account.
7.5. Deposit Irregularities and Investigations:
If a deposit is not credited as expected, the Client must promptly notify the Company and request a banking investigation. The Client shall bear all costs associated with such investigations, including fees charged by intermediary or correspondent banks, which may be deducted from the Trading Account or payable directly by the Client. The Client agrees to provide all documents and confirmations reasonably requested by the Company to facilitate the investigation.
7.6. Withdrawal Requests:
The Company will process withdrawals of Client funds upon receipt of a valid withdrawal request made by the Client using the accepted method as specified by the Company from time to time.
7.7. Processing of Withdrawal Requests:
Valid withdrawal requests shall be processed within five (5) Business Days, provided that:
- the request is received during normal business hours;
- the Client’s account is fully verified;
- there are no open margin requirements, disputes, investigations, or compliance restrictions.
Requests submitted outside business hours shall be deemed received on the next Business Day.
7.8. Restrictions on Withdrawals:
Withdrawals may only be made to bank accounts or payment instruments held in the Client’s own name. Withdrawals to third parties, anonymous accounts, or accounts located in prohibited or high-risk jurisdictions are strictly prohibited.
7.9. Discretion in Payment Methods:
The Company reserves the right to determine the withdrawal method used, regardless of the deposit method, where necessary for operational, compliance, or risk management reasons. The Company may refuse a withdrawal request specifying a particular method and propose an alternative lawful method.
7.10. Third-Party Payment Charges:
Any fees, charges, or costs imposed by banks, payment service providers, or other third parties shall be borne by the Client and may be deducted from the Trading Account.
7.11. Withdrawal Fees:
Withdrawal fees may apply depending on the Client or the type of Trading Account. The applicable fees will be outlined in the Company’s General Fees Policy on the Website, and they may be updated from time to time
7.12. Deposit Fees:
Deposit fees may apply depending on the Client or the type of Trading Account. The applicable fees will be outlined in the Company’s General Fees Policy on the Website, and they may be updated from time to time.
7.13. Refunds for Company Errors:
Where a transfer error is attributable solely to the Company, the Company shall refund the affected amount to the Client. Where incorrect instructions are provided by the Client, the Company shall not be responsible for any resulting loss or inability to recover funds.
7.14. Reimbursement for Chargebacks:
If the Company receives a chargeback or dispute from the Client’s credit card issuer, payment provider, or bank, the Company reserves the right to seek reimbursement for any amounts due. The Company may charge the Client’s Trading Account or use other lawful means, including deducting amounts from future payments owed to the Client, to recover the costs. All related bank charges will be deducted from the Trading Account.
7.15. Actions in Case of Dispute or Chargeback:
Where a chargeback or payment dispute arises, the Company may, at its sole discretion:
- close open positions at prevailing market prices;
- restrict deposits, withdrawals, or trading activity;
- suspend or terminate the Trading Account;
- impose an administrative investigation fee (as disclosed on the Website);
- take any action required to comply with legal or regulatory obligations.
7.16. Transfer of Funds to Trading Account:
The Company reserves the right to transfer any funds held in the Client’s wallet to the Client’s Trading Account at its discretion. This transfer may be made for operational reasons, and the Company will not be liable for any such transfer.
Transactions Overview
7.17. Transaction Accuracy and Responsibility We process transactions based on the instructions you provide. You are responsible for verifying all transaction information before submission. We do not guarantee the identity or accuracy of information for any user, recipient, or third party and accept no liability for ensuring the accuracy or completeness of the details provided. We expressly disclaim responsibility for disputes or conflicts arising from third-party payments or transactions, such as those between other customers. Any issues related to such transactions must be resolved directly between the parties involved.
7.18. Irreversibility of Transactions
Transaction requests are final and cannot be reversed, cancelled, or altered once submitted. By initiating a transaction request, you authorize us to execute the transaction at the quoted price and agree to any applicable fees, including Transaction Fees, Exchange Rates, or other charges listed on the Site. If a transaction cannot be completed due to insufficient funds, you authorize us to debit alternative linked payment methods or cancel the request at our sole discretion.
7.19. Pending Transactions
After submission, transactions will remain pending until confirmation is received from the respective network. Funds associated with pending transactions will be marked as such and will not be accessible or visible in your virtual currency wallet during this time.
7.20. Transaction Timing and Cancellations
We strive to process transactions as promptly as possible. However, we reserve the right to cancel, reverse, or refuse to process any transaction request at our sole discretion, especially when required by applicable law or regulation. Delays in transaction processing may occur due to factors beyond our control, and we retain the right to cancel any transaction in such instances.
7.21. Transaction Limits
Your use of the Platform is subject to transaction volume limits, which may vary based on factors such as account verification and the information you provide. These limits will be displayed on the Site. Requests for increased transaction limits are subject to our sole discretion and may require additional documentation or information from you. We reserve the right to lower or deny requests for increased transaction limits at any time, at our sole discretion.
8. SUSPENSIONS AND DEACTIVATIONS
8.1. Suspension, Deactivation, or Cancellation of Account:
The Company reserves the right to suspend, deactivate, restrict, or terminate a Client’s Account, in whole or in part, with immediate effect where reasonably necessary and proportionate, including but not limited to the following circumstances:
- where required or permitted by applicable laws, regulations, regulatory guidance, or a directive, request, or recommendation from a competent authority;
- where the Company reasonably suspects that the Account is being used, has been used, or may be used for Prohibited Activities, Prohibited Use, money laundering, terrorist financing, fraud, market abuse, or any other unlawful or improper purpose;
- where the Client has breached, or the Company reasonably believes the Client has breached, any provision of this Agreement or any applicable Company Policy;
- where the Client fails to satisfy or maintain the Company’s onboarding, verification, or ongoing due diligence requirements;
- where continued provision of Services would expose the Company to legal, regulatory, financial, operational, or reputational risk.
Where reasonably practicable and not prohibited by law or regulatory obligation, the Company shall notify the Client of such action using the Client’s registered contact details. The Company shall not be liable for any losses incurred as a result of such suspension, restriction, or termination where the action is taken in good faith and in compliance with applicable law.
8.2. General Fees Acknowledgment:
By accepting this Client Agreement, you confirm that you have read, understood, and agreed to the information outlined in the General Fees policy, which can be found in the Legal Documents section of the Company’s website. You acknowledge that this policy may be updated or amended from time to time in accordance with applicable law and that continued use of the Services constitutes acceptance of the latest version of the General Fees Policy.
8.3. Inactivity Fees:
Where a Trading Account remains inactive, meaning no trading activity, deposits, or withdrawals are recorded for a continuous period of at least three (3) calendar month, the Company reserves the right to charge an inactivity fee for maintaining the operational availability of the Account.
The applicable inactivity fee, if any, shall be disclosed on the Company’s Website and may vary depending on account type or client classification. Any such fees shall be deducted from available funds in the Account. The Company shall not charge inactivity fees where the Account balance is zero.
8.4. Account Dormancy and Closure: - Where a Trading Account remains inactive for a continuous period of twelve (12) months or more, the Account may be classified as Dormant.
Upon classification as Dormant:
- trading functionality may be restricted or disabled;
- the Account shall remain subject to the Company’s record-keeping, safeguarding, and compliance obligations;
- any remaining Client funds shall continue to belong to the Client and shall be returned upon request, subject to applicable verification and regulatory requirements.
The Company may notify the Client prior to or following dormancy classification using the last known contact details provided by the Client.
8.5. Inactive, Dormant or Archived Accounts:
- An account will be considered inactive where no trading activity has occurred for a continuous period of three (3) months.
- An account will be classified as dormant where no client-initiated activity occurs for twelve (12) consecutive months
- An account may be archived where it has remained dormant for twelve (12) months and holds a zero balance.
Upon archival:
- The Client will no longer be able to access the trading platform unless a formal reactivation request is submitted and approved by the Company.
- All associated trading permissions will be suspended.
- Account data will be retained in accordance with the Company’s data retention policy and applicable regulatory requirements.
- The Company shall not be liable for any consequences arising from the Client’s inability to access the archived account, provided proper notice was issued or made available.
The Client may request reactivation of an Archived Account by contacting the Company’s support team. Reactivation shall be subject to successful completion of any required verification, due diligence, or compliance checks.
8.6. Cancellation of Unused Bonuses:
In the event of inactivity, dormancy, suspension, or termination of an Account, the Company reserves the right to cancel, forfeit, or adjust any unused or conditional bonuses, trading credits, or promotional incentives in accordance with the applicable Bonus Terms and Conditions.
8.7. Dormant Account Fees:
Where permitted under applicable law, the Company may apply a dormancy fee to Accounts that have remained inactive for a continuous period exceeding twelve (12) months.
The applicable dormancy fee shall be disclosed on the Company’s Website and shall only be charged where sufficient funds are available in the Account. No dormancy fee shall be charged where the Account balance is zero.
8.8. Account Cancellation or Closure:
The Client may request termination of this Agreement and closure of their Trading Account at any time by submitting a written request to the Company, provided that:
- all open positions have been closed;
- no outstanding obligations, margin requirements, or fees remain due; and
- any required verification or compliance checks have been completed.
The Company shall process the closure request and return any remaining Client funds in accordance with this Agreement and applicable Mauritian law.
9. COMPLAINTS
9.1. Reporting Complaints:
If the Client wishes to submit a complaint or express dissatisfaction in relation to the Services, the Trading Platform, or any act or omission of the Company, the Client shall do so in accordance with the Company’s Complaints Handling and Dispute Resolution Policy, as published on the Company’s website at ywo-mu.com , as amended from time to time. A complaint shall be considered valid only where it constitutes an expression of dissatisfaction relating to the provision of investment services and is submitted in writing, together with sufficient details to enable the Company to investigate the matter properly. The Client is required to provide all relevant information, documentation, and evidence reasonably requested by the Company to facilitate a fair, thorough, and timely assessment of the complaint.
Upon receipt of a formal complaint, the Company shall:
- acknowledge receipt of the complaint within five (5) business days; and
- investigate the complaint in an objective, independent, and impartial manner.
The Company shall make all reasonable efforts to provide the Client with a final written response within two (2) months from the date of receipt of the complaint. Where the nature or complexity of the complaint requires additional time for investigation, the Company shall inform the Client in writing of the reasons for the delay and provide an indicative timeframe for completion, in accordance with applicable regulatory requirements. The submission of a complaint shall not result in discrimination, retaliation, or adverse treatment of the Client, nor shall it affect the provision of Services, unless required by law, regulation, or risk management considerations.
9.2. Escalation to External Authorities:
If the Client is not satisfied with the Company’s final response, or if the Company fails to provide a final response within the prescribed timeframe, the Client may escalate the complaint to the Office of the Ombudsperson for Financial Services of Mauritius, in accordance with the Ombudsperson for Financial Services Act 2018. The Client acknowledges that escalation to the Ombudsperson may be subject to statutory requirements, including the submission of supporting documentation and confirmation that the complaint was first lodged with the Company. The Company shall cooperate fully with any investigation conducted by the Ombudsperson or by the FSC where applicable.
9.3. Good Faith Resolution of Unforeseen Matters:
In the event that a dispute, issue, or situation arises which is not expressly addressed by this Agreement or the Company’s Policies, the Parties agree to act in good faith and to make reasonable efforts to resolve the matter amicably, taking into account:
- applicable Mauritian laws and regulatory requirements;
- prevailing market practices; and
- principles of fairness, proportionality, and transparency.
Nothing in this clause obliges either Party to accept a resolution that would be contrary to applicable law or regulatory obligations.
9.4. Preservation of Legal Rights:
The existence or use of the Company’s internal complaints handling procedures does not restrict, limit, or waive the Client’s statutory or legal rights. The Client retains the right, at all times, to pursue legal remedies, including the initiation of court proceedings, subject to applicable laws and jurisdictional rules. Participation in the Company’s complaints process is voluntary and does not constitute a condition precedent to the exercise of any legal rights available to the Client under Mauritian law.
10. LIMITATION AND INDEMNIFICATION
10.1. General Limitation of Liability
To the fullest extent permitted by applicable laws and regulations of the Republic of Mauritius, including the Financial Services Act 2007 and the Securities Act 2005, the Company’s liability to the Client shall be limited as set out below. Nothing in this Agreement shall exclude or limit the Company’s liability for:
- fraud;
- wilful misconduct;
- gross negligence;
- breach of statutory duties imposed by applicable Mauritian law; or
- any liability that cannot lawfully be excluded or limited.
10.2. Disputes with Third Parties Where any dispute arises between the Client and any other user, counterparty, payment service provider, Introducing Broker, affiliate, or any other third party whose services or relationship may be facilitated through the Site or the Services, such dispute shall be resolved solely between the Client and the relevant third party. The Client agrees that, to the extent permitted by law, the Company shall not be liable for any loss, damage, claim, cost, or expense arising from or relating to such disputes, except where such loss results directly from the Company’s breach of this Agreement or applicable law.
10.3. Financial Liability Cap
Subject always to clause 10.1 above, and to the extent permitted by law, the Company’s total aggregate liability to the Client arising out of or in connection with this Agreement, the Site, the Trading Platform, or the Services (whether in contract, tort, negligence, or otherwise) shall not exceed the net balance of funds standing to the credit of the Client’s Trading Account at the time the cause of action arose. Under no circumstances shall the Company be liable for:
- loss of profits;
- loss of anticipated savings;
- loss of business, opportunity, or goodwill;
- indirect, incidental, consequential, special, punitive, or exemplary damages,
even if the Company has been advised of the possibility of such losses.
10.4. Transaction Processing and Third-Party Providers
The Client acknowledges that certain Services, including payments, deposits, withdrawals, and data transmission, rely on third-party service providers such as banks, payment institutions, liquidity providers, technology vendors, and telecommunications networks. The Company does not warrant or guarantee the uninterrupted, timely, or error-free processing of transactions and shall not be liable for delays, failures, reversals, or errors caused by:
- third-party service providers;
- banking systems;
- payment networks;
- technical outages;
- force majeure events; or
- circumstances beyond the Company’s reasonable control.
10.5. No Warranties
The Site, Trading Platform, and Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, the Company disclaims all express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, completeness, reliability, or availability. The Company does not warrant that:
- the Platform will be uninterrupted or error-free;
- defects will be corrected;
- the Platform or Services will be free from viruses or harmful components.
10.6. Technical Failures and System Risks
The Company shall not be liable for any loss or damage arising from:
- hardware, software, or internet connectivity failures on the Client’s side;
- delays, latency, slippage, or transmission errors;
- platform maintenance, upgrades, or emergency outages;
- cyber incidents beyond the Company’s reasonable control.
The Client is solely responsible for maintaining adequate security measures, including antivirus protection, secure access credentials, firewalls, and data backups.
10.7. Indemnification
The Client agrees to indemnify and hold harmless the Company, its directors, officers, employees, agents, affiliates, and service providers against any claims, losses, liabilities, damages, costs, or expenses (including reasonable legal fees) arising from:
- the Client’s breach of this Agreement or any Policy;
- misuse of the Site, Platform, or Services;
- violation of applicable laws or regulations;
- false, misleading, or incomplete information provided by the Client;
- disputes with third parties initiated or caused by the Client.
This indemnity shall survive termination of this Agreement.
11. ACCESS AND ACCURACY OF INFORMATION
11.1. Technical Requirements and Access:
You are solely responsible for procuring, maintaining, and operating all hardware, software, internet connections, and other technical resources required to access and use the Site, Trading Platform, and Services. The Company does not guarantee compatibility with any specific devices, operating systems, browsers, or network configurations.
Access to the Site and Services is provided on an “as available” basis. The Company reserves the right, at any time and without prior notice, to modify, restrict, suspend, or withdraw access to all or part of the Site or Services, including for reasons related to system maintenance, security, regulatory compliance, risk management, or operational requirements. The Company shall not be liable for any loss or damage arising from any such modification, suspension, or withdrawal, except where such liability cannot be excluded under applicable law.
11.2. Accuracy of Information and Client Responsibility:
You acknowledge and agree that it is your responsibility to independently verify the accuracy, completeness, and suitability of any information made available on the Site or through the Services before relying on it for any purpose.
While the Company takes reasonable care to ensure that information published on the Site is accurate at the time of publication, such information may be incomplete, outdated, or subject to change without notice. The Company does not warrant that any information provided will be accurate, complete, current, or error-free at all times.
You further acknowledge that the Company shall not be responsible or liable for any decisions, actions, losses, or damages incurred as a result of reliance on information obtained from the Site, the Trading Platform, or from third-party sources made available through the Site, except where such liability arises from the Company’s gross negligence, wilful misconduct, or breach of applicable law.
11.3. Informational Nature of Content:
All market commentary, prices, charts, analysis, news, research materials, educational content, and other information provided on the Site or through the Services are supplied strictly for general informational purposes only and may be amended, withdrawn, or replaced at any time without notice.
Such information does not constitute, and should not be construed as, an offer, solicitation, recommendation, or inducement to enter into any transaction or investment. The Company does not guarantee the accuracy, reliability, timeliness, or completeness of any such information and shall not be liable for any loss or damage arising from its use, except where such liability cannot be lawfully excluded.
11.4. No Investment, Legal, or Tax Advice:
Nothing on the Site or provided through the Services constitutes investment advice, financial advice, legal advice, tax advice, regulatory advice, or any other form of personalised recommendation.
The Company does not assess the suitability or appropriateness of any transaction, financial instrument, or trading strategy for you, except where expressly required by applicable law. You acknowledge that any trading decisions you make are based solely on your own judgment, knowledge, experience, and assessment of risk.
You are strongly encouraged to seek independent professional advice from qualified financial, legal, tax, or regulatory advisers before engaging in trading activities. If you choose not to obtain such advice, you do so at your own risk and accept full responsibility for your decisions and their consequences.
12. LIMITED LICENSE AND INTELLECTUAL PROPERTY
12.1. YWO holds and retains all rights, title, and interest, including ownership and/or usage rights, in and to all intellectual property associated with the Site and the Services. This includes, without limitation, all software, source code, algorithms, designs, user interfaces, graphics, visual elements, layout, databases, content, text, copyright, trademarks, trade names, service marks, domain names, trade dress, proprietary technology, and any associated rights to goodwill.
12.2. You acknowledge and agree that all intellectual property contained within or related to the Site and Services is either owned by or licensed to YWO and is protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws. Nothing in these Terms grants you any rights, title, license, or interest in or to any intellectual property owned by YWO, except for the limited, non-exclusive, non-transferable, and revocable right to access and use the Site and Services strictly in accordance with these Terms.
12.3. Any unauthorized use, reproduction, modification, distribution, display, or exploitation of YWO’s intellectual property without our express written consent is strictly prohibited and may result in legal action.
13. COMMUNICATION
13.1. Unless otherwise expressly stated, all communications between you and the Company shall be conducted electronically, primarily via email. The Company shall use the email address registered to your Account as the principal means of official communication. You are responsible for ensuring that your registered contact details are accurate, valid, and kept up to date at all times.
13.2. Any communication sent by the Company to your registered email address shall be deemed to have been received by you:
- on the same business day, if sent during normal business hours; or
- on the next business day, if sent outside normal business hours,
regardless of whether you have actually accessed or read the communication.
13.3. You acknowledge and agree that communications sent electronically shall satisfy any legal requirement for communications to be made in writing, including notices, confirmations, disclosures, and contractual communications, to the fullest extent permitted under applicable Mauritian law.
13.4. Failure to receive or review communications due to outdated contact details, spam filters, technical issues, or your own inaction shall not invalidate the communication or relieve you of any obligations arising therefrom
14. RIGHT TO FORCE CLOSURE
14.1. You acknowledge and agree that the Company has the right, but not the obligation, to close any or all of your open positions, in whole or in part, without prior notice, where the Company reasonably determines that such action is necessary to protect the Client, the Company, or the integrity of the Trading Platform, including (without limitation) in any of the following circumstances:
- where the unrealised losses on one or more open positions cause, or are likely to cause, the equity of your Trading Account to fall to or below the required Maintenance Margin level;
- where the balance or equity of your Trading Account is insufficient to meet the applicable margin requirements for your open positions;
- where you fail to meet a margin call or fail to provide additional funds or collateral within the timeframe specified by the Company;
- where a payment made by you is reversed, recalled, disputed, charged back, declined, or otherwise fails to settle, including through a bank, card issuer, payment service provider, or other intermediary;
- where the Company reasonably believes that extraordinary market conditions, excessive volatility, liquidity constraints, or system limitations may materially affect the orderly execution or risk management of your positions; or
- where required or permitted by applicable law, regulation, regulatory guidance, or instructions from a competent authority.
14.2. In exercising our right to close your open positions under this clause, we shall not be liable for any losses you may incur as a result, nor shall we be obligated to provide prior notice before taking such action. The forced liquidation of your open positions does not constitute termination of your Trading Account or of this Agreement unless we expressly provide you with written notice of termination. Your continued access to the Trading Platform and Services shall remain subject to our discretion and the terms of this Agreement.
14.3. The Company may, at its discretion, specify expiry dates and times for certain financial instruments or Underlying Assets available on the Trading Platform. Such expiration parameters may vary depending on the asset class, market practice, liquidity considerations, or risk management requirements. Where an expiry applies, you expressly authorise the Company to automatically close any open position linked to the relevant Underlying Asset at the price quoted on the Trading Platform at the applicable expiration time.
14.4. You acknowledge and agree that:
- automatic closure of positions upon expiration shall occur without prior notice;
- the execution price applied at expiration shall be final and binding;
- it is your sole responsibility to monitor expiration dates and times applicable to your open positions; and
- any extension, rollover, or continuation of a position beyond expiration is subject to the Company’s discretion and the availability of such functionality on the Trading Platform.
14.5. By continuing to trade on the Trading Platform, you acknowledge and agree that we shall not be held liable for any financial losses, missed trading opportunities, or other consequences resulting from the automatic closure of your transactions due to expiration, forced closure undertaken for margin protection or risk management purposes or changes to expiration schedules, margin requirements, or close-out levels, provided such actions are taken in good faith and in accordance with applicable law and regulatory obligations.
15. FORCE MAJEURE
15.1. You acknowledge, agree, and understand that under no circumstances shall we be held liable for any delays, failures in performance, disruptions, or interruptions of service that arise directly or indirectly from any cause or condition beyond our reasonable control, whether foreseeable or unforeseeable. Such causes or conditions may include, but are not limited to:
- Any Force Majeure Event, including acts of God, extreme weather conditions, natural disasters (such as earthquakes, hurricanes, floods, or wildfires), or other catastrophic events.
- Public health crises, including epidemics, pandemics, outbreaks of disease, or government-imposed quarantines and lockdowns.
- Acts or omissions of civil or military authorities, including government orders, laws, regulations, or directives that restrict or impact operations.
- Acts of war, armed conflict, terrorism, sabotage, or civil unrest, including riots, insurrections, revolutions, or other large-scale disturbances.
- Labour disputes, including strikes, lockouts, or other workforce-related disruptions.
- Accidents, system failures, or unforeseen emergencies, including utility outages, power failures, fires, or explosions.
- Technical failures or malfunctions, including disruptions, interruptions, or loss of services due to equipment failures, software bugs, cyberattacks, denial-of-service attacks (DDoS), data breaches, or failures of telecommunications, Internet service providers, networks, or other communication systems.
15.2. You further acknowledge that we do not have control over third-party services, infrastructure, or entities upon which we may rely to provide our services, and any failure or disruption in such third-party systems shall not constitute a breach of our obligations.
15.3. During the continuation of a Force Majeure Event, the Company shall be entitled, without liability, to suspend, restrict, or modify the provision of the Services, wholly or in part, for so long as such event persists. Given the unpredictable nature of these events, we shall not be responsible for any resulting damages, losses, or liabilities, nor shall we be obligated to provide compensation, refunds, or alternative services in the event of such disruptions.
15.4. Nothing in this clause shall affect any rights or obligations that have accrued prior to the occurrence of the Force Majeure Event, to the extent permitted by applicable law.
16. ENTIRE AGREEMENT
16.1. These Terms, together with all policies, disclosures, and legal documents expressly incorporated by reference (including, without limitation, the Privacy Policy, AML/CFT Policy, Risk Disclosure, Complaints Handling Policy, Conflicts of Interest Policy, and Best Execution Policy), constitutes the entire agreement and understanding between you and YWO in relation to the subject matter hereof. It supersedes and replaces all prior or contemporaneous agreements, negotiations, discussions, representations, warranties, understandings, or communications between the Parties, whether written or oral, relating to such subject matter.
16.2. You acknowledge and agree that, in entering into these Terms, you have not relied on any statement, representation, assurance, promise, or undertaking not expressly set out in this Agreement or in the documents incorporated by reference. Nothing in this clause shall exclude or limit liability for fraud, fraudulent misrepresentation, or any liability which cannot be excluded or limited under applicable law.
16.3. No course of dealing, usage of trade, practice, or prior communication between you and the Company shall operate to modify, amend, supplement, or waive any provision of these Terms unless expressly agreed in writing by the Company.
16.4. In the event of any inconsistency or conflict between these Terms and any policy, disclosure, guideline, or other document referenced herein, these Terms shall prevail, unless the relevant document expressly states that it prevails in respect of a specific matter, in accordance with applicable laws and regulatory requirements.
17. TRANSFER AND ASSIGNMENT
17.1. You acknowledge and agree that you may not assign, transfer, delegate, or otherwise convey your rights or obligations under these Terms, whether voluntarily, involuntarily, by operation of law, or otherwise, without our prior written consent. Any attempt to do so in violation of these Terms shall be deemed null, void, and of no legal effect.
17.2. Conversely, we reserve the unrestricted right to assign, transfer, or delegate our rights and obligations under these Terms, in whole or in part, without your consent, including but not limited to in connection with a merger, acquisition, sale of assets, corporate restructuring, or by operation of law.
17.3. These Terms shall be legally binding upon, and inure to the benefit of, the parties hereto, including our successors, assigns, and any entities that may assume our rights and obligations by way of assignment, transfer, or corporate succession.
18. SURVIVAL
18.1. You acknowledge, agree, and understand that certain provisions of these Terms are intended to survive and remain in full force and effect beyond the termination, expiration, or conclusion of these Terms, regardless of the reason for such termination or expiration. These provisions include, but are not limited to, those relating to suspension of services, remedies for breach of contract, termination rights and consequences, outstanding debts and financial obligations, the right to offset any amounts owed, the handling of unclaimed funds, the general use of the Site and Services, dispute resolution mechanisms, limitations of liability, indemnification, intellectual property rights, confidentiality obligations, and any other provisions that, by their nature, are intended to extend beyond the duration of these Terms. The continued enforceability of these provisions ensures that rights, responsibilities, and obligations arising before termination or expiration remain legally binding and enforceable.
18.2. Termination of this Agreement shall not affect the Company’s right to take any action required under applicable laws and regulations, including AML/CFT obligations, regulatory reporting, cooperation with competent authorities, or retention of records in accordance with statutory requirements.
19. GOVERNING LAW AND JURISDICTION
19.1. These Terms, including any non-contractual obligations arising out of or in connection with it, and the Client’s access to and use of the Site and/or Services, shall be governed by and construed in accordance with the laws of the Republic of Mauritius, without regard to conflict-of-law principles that would result in the application of the laws of another jurisdiction.
19.2. Subject to the Client’s statutory rights under applicable Mauritian law, including the right to refer disputes to the Office of the Ombudsperson for Financial Services, the courts of the Republic of Mauritius shall have exclusive jurisdiction to settle any dispute, claim, or proceeding arising out of or in connection with this Agreement.
19.3. Nothing in this Agreement shall limit or exclude the Client’s right to:
- submit complaints to the Company under its Complaints Handling Policy;
- escalate unresolved complaints to the Office of the Ombudsperson for Financial Services in accordance with the Ombudsperson for Financial Services Act 2018; or
- seek any mandatory statutory remedy available under Mauritian law.
19.4. In the event this Agreement is translated into a language other than English for the convenience of the Client, the English version shall prevail in case of any conflict or discrepancy between the versions.
