TERMS OF BUSINESS
These Terms of Business constitutes to the Client agreement, which entered by and between iBull Capital (Mauritius) Ltd (the “Company”) and the person who applied to open a trading account at the Company (the “Client” or “Trader”), according to the Company’s terms and conditions contained in this agreement.
Address: 4th Floor, Docks 4, The Docks, Candan, Port Louis, Mauritius.
1. INTRODUCTION
1.1 This agreement, along with the Company’s Risk Disclosure Document, as well as any other documents referred to in this Agreement or any other agreement entered into between the Company and the Client, all as amended from time to time (together the “Agreement”), set out the terms upon which the Company will deal with the Client in respect of foreign exchange transactions and CFD’s (contracts for differences) (“Forex Trading”).
2. OPENING OF THE TRADING ACCOUNT
2.1 Account Establishment
The Company shall open a Trading Account for the Client as soon as reasonably practicable upon receipt of:
- the Client’s acceptance of the Client Agreement;
- a duly completed and signed application form (where applicable); and
- all supporting documentation and information as may be required under Applicable Laws and Regulations, including but not limited to identity verification, source of funds, and risk assessment.
The Client warrants that all information provided to the Company is complete, true, and accurate. The Client agrees to promptly notify the Company of any changes to the information provided during the onboarding process.
2.2 Activation of Trading Account
The Trading Account will be activated only upon confirmation of receipt of funds from the Client and completion of all relevant onboarding due diligence as required under the Financial Intelligence and Anti-Money Laundering Act 2002 (FIAMLA) and any related regulations or guidelines.
Where funds have been credited to a Trading Account prior to the completion of AML/CFT checks, the Company may:
- withhold activation and restrict any trading activity;
- activate the account conditionally, subject to ongoing due diligence, limitations on activity, or enhanced monitoring;
- freeze or suspend the account, including closing all open positions, where the Client fails to satisfy compliance requirements;
- restrict withdrawals or transfers from the account until full compliance has been achieved.
No funds shall be remitted to the Client or any third party unless and until the Company is satisfied that all KYC/AML obligations have been fulfilled.
2.3 Capacity and Responsibility
The Client confirms that it is acting on its own behalf and not as an agent or trustee for any other party. The Client shall be fully and directly liable for all obligations and transactions entered into under this Agreement.
The Company may act as either principal or agent in the execution of transactions at its discretion, and may be the counterparty to the Client’s trades.
The Company shall not accept or owe any obligation to any third party not expressly acknowledged by it in writing.
2.4 Platform Access and Licensing
The Client is granted a limited, personal, non-transferable, and revocable license to use the Company’s trading platform solely for the purposes permitted under this Agreement.
The Client:
- shall not transfer or assign the license to any third party;
- shall not disclose access credentials to any other person;
- shall be fully liable for any unauthorized use or breach resulting from the misuse of login credentials.
Any breach of these terms may result in immediate suspension or termination of access to the Trading Platform and/or Trading Account, and the Client shall bear full responsibility for any resulting losses or damages.
3. FUNDS
3.1 Methods and Currency of Payment
The Client may deposit funds to the Company through any payment method approved by the Company, in any currency acceptable to the Company. Deposited amounts will be converted and credited to the Client’s Trading Account in United States Dollars (USD) based on the Company’s bank’s most recent prevailing exchange rate.
3.2 Bank Transfers
For bank wire transfers, the Client must:
- Use a bank account held in the Client’s name, and
- Ensure the bank account is located in the Client’s country of residence.
The Client must provide a valid SWIFT confirmation showing complete sender account details. Failure to provide accurate and matching details may result in rejection or return of funds, and the Company shall not be liable for delays or losses resulting therefrom.
3.3 Other Payment Methods
For cheques or other approved payment methods, the Client must comply with all identification and onboarding requirements under the Company’s policies and applicable laws, including the Financial Intelligence and Anti-Money Laundering Act 2002 (FIAMLA). Cash deposits are not accepted. The Client may be required to sign further documentation to enable proper allocation of funds to their Trading Account.
3.4 Client Fund Segregation and Ownership
All client funds are held in segregated bank accounts, maintained in trust for clients in accordance with applicable Financial Services Commission (FSC) regulations. These funds remain the property of the Client and are not used for Company operations.
Funds deposited may be used by the Company only to:
- Secure margin obligations,
- Cover current or contingent trading exposures,
- Pay fees, commissions, and other charges owed by the Client under this Agreement.
The Client acknowledges that market exposure may affect the availability of funds for withdrawal or use as collateral.
3.5 Application of Funds and No Entitlement to Interest
Client funds (including realised profits, if any) may be applied against:
- Trading losses,
- Commissions and transaction costs,
- Applicable fees or charges.
Unless explicitly stated otherwise in writing, Client funds will not earn interest. Clients are not entitled to dividends or corporate actions linked to CFD instruments.
3.6 Withdrawals
Withdrawals will be made in the same currency and to the same source account originally used by the Client unless otherwise authorised by the Company.
All withdrawal instructions are subject to:
- Margin coverage being maintained;
- Internal review;
- Applicable laws and anti-money laundering verification.
The Company may reject or postpone withdrawals if margin requirements are not met or if there is doubt about the Client’s compliance with regulatory obligations.
3.7 Declaration of Source of Funds
The Client confirms that all funds deposited are not derived from any unlawful activity and that the Client is in full compliance with all applicable anti-money laundering laws and financial crime regulations globally.
3.8 Third-Party Fees and Delays
The Company shall not be liable for:
- Delays caused by correspondent banks, card issuers, or payment processors,
- Exchange rate fluctuations, or
- Fees deducted by third parties (e.g., intermediary or correspondent banks).
3.9 Timing and Conditions for Payment
Withdrawals will be processed within three (3) business days from the date a valid withdrawal request is approved. All applicable transfer or withdrawal charges will be deducted from the Trading Account.
3.10 Account Deficits
If the Client’s obligations exceed their Trading Account balance, the Client shall promptly settle the deficit upon demand. The Company reserves the right to initiate recovery procedures without prior notice.
3.11 No Physical Delivery
All Transactions are settled in cash. The Company does not offer physical delivery of underlying instruments. All profits or losses are reflected directly in the Trading Account upon the closing of each trade.
3.12 Promotions and Bonuses
Any promotional bonus or incentive offered by the Company is at its sole discretion and may be amended, revoked, or withdrawn at any time.
If the Company suspects abuse, fraud, or bonus manipulation (e.g., hedging across accounts), it may:
- Cancel the bonus,
- Reverse bonus-generated profits,
- Terminate the account or block access without notice.
Abuse includes internal or external hedging or coordinated behaviour across accounts.
4. FEES & CHARGES
4.1 Trading Models and Fee Structures
The Company currently offers the following two trading models, each with distinct fee structures:
(a) Fixed Spread Model
Under this model:
- No separate brokerage fee or commission is charged.
- The Company earns revenue from the bid-ask spread — the difference between the price at which the Company is willing to buy from the Client and the price at which it is willing to sell to the Client.
(b) ECN (Electronic Communication Network) Model
Under this model:
- Clients are charged a fixed commission per trade, as published on the Company’s website or platform.
- The Client will have access to interbank market pricing, with variable spreads.
It is the Client’s responsibility to review the applicable spread or commission structure before executing any trade.
4.2 Transfer Fees
- The Company may charge a transfer fee on withdrawals initiated by the Client.
- Such fees will be levied at the prevailing rate and will be deducted directly from the Client’s Trading Account.
- Details of these fees are made available on the Client Portal or upon request.
4.3 Payment Processing Charges
- The Company may apply charges for inbound payments, including debit or credit card deposits, or other payment methods as may be specified.
- These charges may include processing fees imposed by third-party payment service providers, which will be disclosed in advance.
4.4 Inactivity Fees
- A monthly inactivity fee may be charged on accounts that remain inactive for a continuous period of 6 months or more, as defined in the Company’s Inactivity Fee Policy.
4.5 Other Applicable Charges
The Client acknowledges that the following additional costs may apply:
- Swap or rollover charges for holding positions overnight;
- Financing fees on leveraged positions;
- Account maintenance or custody charges, if applicable;
- Currency conversion charges for deposits/withdrawals in non-USD currencies.
A full schedule of fees, charges, and rate structures is made available on the Company’s website or upon request.
4.6 Changes to Fees and Charges
- The Company reserves the right to introduce new fees or amend existing fees at its sole discretion.
- Clients will be given not less than ten (10) Business Days’ prior written notice before any such changes become effective.
- Continued use of the Company’s services after the effective date will constitute acceptance of the revised charges.
5. TRADING
5.1 Trading Instruments and Platform
The Company’s electronic Trading Platform enables Clients to trade in a variety of financial instruments, including:
- Foreign exchange (Forex);
- Commodities;
- Contracts for Difference (CFDs); and
- Other products as may be offered from time to time.
The Platform displays indicative quotes, sourced from reputable financial data providers, and calculates prices using standard Forex market formulas. Prices shown are for trading purposes only and may not reflect prices available in the broader interbank or underlying markets.
5.2 Trading Hours and Transaction Lifecycle
The Company’s trading services are generally available during global Forex market hours (Monday to Friday), subject to system maintenance or public holidays.
Open positions may be automatically rolled over daily at 22:00 GMT unless closed earlier due to any of the following:
- The Client manually closes the position;
- The trade reaches a Stop Loss, Take Profit, or other preset threshold;
- The position expires (where applicable);
- Insufficient margin or available equity in the Client’s Trading Account.
5.3 Platform Access and Availability
While the Company strives to maintain continuous access to the Trading Platform, uninterrupted access cannot be guaranteed due to factors beyond its control (e.g., internet failures, system maintenance, force majeure).
5.4 Order Placement
Orders may be submitted through:
- The Company’s online Trading Platform;
- Email, fax, or telephone (subject to the Company’s confirmation and acceptance).
The Company may require confirmation in writing for any order received by non-electronic means. Execution is not guaranteed until the Company confirms receipt and processing.
5.5 Order Authentication and Authorisation
The Client authorises the Company to rely upon, and act on, instructions or orders given by the Client or an authorised third party, without further verification of the identity or authority of the originator. The Client bears responsibility for all instructions received through their login credentials.
5.6 Cancellation of Orders
Order cancellations or withdrawals must be requested before execution. The Company shall not be liable for executing an order before a cancellation request is received and acknowledged.
5.7 Trading Limits and Controls
The Company may, at its sole discretion and in accordance with Applicable Regulations, impose trading limits or controls, including:
- Maximum order size or exposure;
- Price deviation restrictions;
- Limits on number of open positions;
- Identity verification or order validation procedures.
Clients will be notified in advance of any such restrictions where possible.
5.8 Prohibited Trading Practices
The Company prohibits arbitrage strategies that exploit pricing discrepancies between systems or platforms, whether due to latency, misquoting, or otherwise.
5.9 Trade Errors and Rectification
In the event of a pricing error, system malfunction, or misquote, the Company reserves the right to:
- Cancel or reverse affected trades; or
- Adjust transactions to reflect the correct market price at the time of the trade.
The Company’s internal records shall serve as the final and conclusive evidence of the pricing and execution of such trades.
5.10 Trade Reporting
Clients may access their:
- Open positions;
- Margin status;
- Trade history and account statements;
via the Company’s Trading Platform or through statements generated by the Company upon request.
5.11 Promotions and Bonuses
Where bonus funds or promotional credits are applied:
- They are not withdrawable;
- Profits derived from trades using such bonuses may be withdrawn;
- Abuse of promotions (e.g., hedging or arbitrage) may result in the withdrawal of bonuses and/or account termination.
Bonus terms shall be clearly communicated and are subject to change at the Company’s discretion.
5.12 Appropriateness Assessment
The Company has a regulatory obligation to assess whether a prospective Client has the requisite knowledge and experience to understand the risks associated with the services offered. This assessment will be conducted during onboarding, in accordance with Applicable Regulations.
6. ORDER TYPES, ROLLOVERS, AND MARGIN REQUIREMENTS
6.1 Automated Order Execution
The Client acknowledges and agrees that the Trading Platform provided by the Company is designed to automatically monitor market conditions and execute pending orders in accordance with instructions previously placed by the Client. This automated execution occurs regardless of whether the Client is logged into the Platform or whether their device is active, provided that the relevant market conditions are met.
6.2 Limit Orders
A Limit Order is an instruction to execute a trade at a price that is more favourable than the current market price, as specified by the Client. Limit Orders may be used to open or close positions and are subject to the following:
- A buy Limit Order is triggered when the Company’s ask price reaches or falls below the specified limit;
- A sell Limit Order is triggered when the Company’s bid price reaches or exceeds the specified limit;
- Once triggered, the Company will attempt to execute the order at the specified price, though execution is not guaranteed if market conditions move before the order can be filled;
- If the order is not executed at the trigger point, it remains active and will be re-evaluated continuously until executed, cancelled, or expired.
6.3 Stop Orders
A Stop Order is typically used to limit a potential loss or to enter a position once a specified price level is breached. The key characteristics are:
- Stop Orders may be used to open or close a position;
- The Client sets a stop price, which is subject to acceptance by the Company;
- The Stop Order is triggered when the Company’s trading system registers a trade at the stop price;
- Once triggered, the order is executed at the next available price, which may be worse than the stop level due to market volatility (i.e. slippage);
- Stop Orders are not guaranteed to be executed at the exact trigger price, particularly during periods of high volatility or market gaps.
6.4 Advanced Order Types
The Company may offer additional order types such as:
- OCO (One Cancels the Other) orders;
- If Done (ID) orders;
- Trailing Stop orders.
These are subject to the functionality of the Company’s Trading Platform and further explained in the Company’s Order Execution Policy or on the official website. The availability and execution of such orders are also subject to prevailing market conditions and technical factors.
6.5 Rollovers / Swaps
All open positions held overnight are automatically subject to rollover (also known as swap). Key details include:
- The rollover is processed at 22:00 GMT and reflects the interest rate differential between the currencies in a position, adjusted for market conditions and the Company’s own rollover spread;
- Depending on whether the Client holds a long or short position in a currency pair, the rollover may result in a credit or debit to the Trading Account;
- Rollovers do not require manual intervention by the Client and are applied automatically.
Clients are encouraged to review the current rollover rates available on the Trading Platform or the Company’s website before holding positions overnight.
6.6 Margin Requirements and Margin Calls
- The Client agrees to maintain sufficient funds in the Trading Account to meet the margin requirements imposed by the Company;
- The Company may require additional margin at its sole discretion and without prior notice, in response to market movements or increased exposure;
- Margin Calls are issued when the available margin falls below the required level. The Client must promptly fund their account to restore margin compliance;
- Failure to meet a margin call may result in the automatic liquidation of part or all open positions at the Company’s discretion, potentially at less favourable market prices;
- The Company shall not be liable for any losses resulting from such forced liquidation, including losses due to slippage or rapid price movements.
Clients are strongly advised to monitor their account balances and use risk management tools (e.g., stop-loss orders) to mitigate the risks associated with margin trading.
7. PRIVACY AND DATA PROTECTION
7.1 Personal Data Collection and Safeguarding
The Company collects and processes Personal Data of Clients in accordance with the Data Protection Act 2017 (Mauritius) (“DPA 2017”) and other applicable laws. Personal Data may include identification documents, contact details, financial information, transactional history, and communications with the Company. Such data is processed lawfully, fairly, and securely, and is retained only for as long as necessary to fulfil the purpose for which it was collected.
7.2 Legal Basis for Processing Personal Data
The Company relies on the following legal bases under the DPA 2017 for processing Client data:
- Performance of a contract (e.g., account opening, trade execution, and client communication);
- Compliance with legal obligations (e.g., anti-money laundering, FATCA/CRS reporting);
- Legitimate interests pursued by the Company or third parties (e.g., risk management, fraud prevention);
- Consent, where required (e.g., marketing communications, data sharing with affiliates).
7.3 Purposes of Data Processing and Disclosure
Client Personal Data may be processed or disclosed for the following purposes:
- To deliver the services agreed upon, including internal processing and communication with affiliates;
- To comply with applicable legal or regulatory obligations;
- To prevent, detect, or investigate fraud, money laundering, or unauthorised transactions;
- To maintain and improve the quality and security of our services, including through tools such as cookies;
- To recover debts due to the Company.
Disclosure of data may be made to service providers, regulators, auditors, legal advisers, and affiliated entities, subject to appropriate safeguards.
7.4 Marketing and Communications
Subject to the Client’s consent, the Company may send updates, promotional materials, or other marketing communications via email or other electronic means. The Client may withdraw consent at any time by notifying the Company in writing. Such withdrawal will apply prospectively to future communications only.
7.5 Call Recording and Monitoring
The Company may record telephone conversations, emails, and other communications with Clients. Such records may be used:
- For regulatory compliance and audit purposes;
- In the event of a dispute or complaint;
- For internal training and monitoring;
These recordings remain the property of the Company.
7.6 Data Sharing and Affiliations
The Company may receive or pay fees, commissions, or other remuneration from or to affiliated entities, introducing brokers, and other third parties in connection with transactions or referrals. In such cases, Client Personal Data may be shared only on a need-to-know basis and in compliance with applicable laws and contractual safeguards.
7.7 Data Subject Rights
Under the DPA 2017, Clients have the right to:
- Access their Personal Data held by the Company;
- Request rectification or erasure of inaccurate or unlawful data;
- Restrict or object to certain types of processing;
- Withdraw consent where processing is based on consent;
- Lodge a complaint with the Data Protection Commissioner of Mauritius.
To exercise these rights, the Client may contact the Company’s Data Protection Officer (DPO) using the contact information provided on the website.
8. ADVICE, RESEARCH AND INFORMATION
8.1 No Investment Advice or Fiduciary Duty
The Company does not provide investment, legal, tax, or trading advice to Clients. All transactions are executed on an execution-only basis, and the Company shall not be regarded as acting in a fiduciary capacity in relation to the Client.
By entering into any Transaction, the Client confirms that they have made their own independent decision to enter into the transaction and that they are not relying on any communication (written or oral) from the Company as a recommendation or advice. The Client further confirms that they possess sufficient knowledge, experience, and understanding of the financial instruments being traded and the risks involved, and that they have read and understood the Risk Disclosure Statement provided by the Company.
8.2 Market Commentary, Research, and Educational Materials
Where the Company provides the Client with any market commentary, research reports, trading signals, investment tools, or educational content, the Client acknowledges and agrees that:
- (a) Such content is provided solely for informational and educational purposes and does not constitute personal or general investment advice;
- (b) The Client is solely responsible for making their own investment and trading decisions based on their individual circumstances;
- (c) The Company makes no representation, warranty, or guarantee as to the accuracy, timeliness, or completeness of such content;
- (d) The Company shall not be liable for any loss or damage arising from reliance on such materials, except where caused by gross negligence, fraud, or willful misconduct;
- (e) Any research or commentary may reflect the personal views of the author and may not reflect the views of the Company as a whole. The Company may have already acted upon, or intend to act upon, the content of such communications;
- (f) Any restrictions or disclaimers on redistribution or intended audience set out in such communications must be respected by the Client, who undertakes not to distribute such materials contrary to those restrictions.
8.3 Limitation of Liability
The Client acknowledges that the Company shall not be liable for any loss, damage, or expense arising out of or in connection with any reliance by the Client on information, research, trading signals, or commentary provided by the Company or its personnel, agents, or third-party service providers—except in cases of fraud, willful default, or gross negligence on the part of the Company. The Client accepts full responsibility for their trading decisions and their outcomes.
9. ACCOUNT BALANCES
9.1 Display and Accessibility
The Client’s account balances, margin requirements, open positions, transaction history, and related account information are made available through the Trading Platform provided by the Company. This information is updated on a real-time or near real-time basis and is accessible by the Client at any time during the operational hours of the Trading Platform.
9.2 Accuracy of Balances
The Company endeavours to ensure that the information displayed in the Trading Platform is accurate and up to date. However, the Client acknowledges that minor discrepancies may arise due to latency, technical errors, or reconciliation processes. In the event of any inconsistency or discrepancy in the account balance or trading records, the Company’s official records, as maintained in its back-office systems, shall prevail, unless proven otherwise by the Client.
9.3 Review and Disputes
It is the Client’s responsibility to review their account statements and balances regularly. If the Client believes that a transaction has been processed in error, or if there is any inconsistency in the account information, the Client must notify the Company in writing within five (5) Business Days from the date the issue is detected. Failure to report discrepancies within this timeframe may result in the Company treating the account balance and transactions as accepted and accurate.
9.4 Definitions
Definitions of common terms related to account balances, margin requirements, equity, free margin, and other trading-related terminology are available on the Company’s Website or upon request. Clients are encouraged to familiarise themselves with these terms to understand the information displayed within the Trading Platform.
10. CLOSING AN ACCOUNT AND TERMINATION OF THE AGREEMENT
10.1 Termination by Either Party
Either the Client or the Company may terminate this Agreement at any time by giving not less than ten (10) Business Days’ prior written notice to the other party. Termination may also be effected immediately and without prior notice by either party in the event of:
- A material breach of this Agreement by the other party;
- The occurrence of an Event of Default (as defined in this Agreement);
- Suspension or discontinuation of the Company’s regulatory license or the Client’s eligibility to trade;
- Any legal or regulatory obligation requiring the termination of this Agreement.
10.2 Effect of Termination
Upon the issuance of a termination notice:
- The Client must promptly close all open positions and settle any outstanding obligations.
- If the Client fails to close positions within the notice period, the Company reserves the right (but not the obligation) to liquidate all open positions on behalf of the Client at prevailing market prices, and to take such actions as necessary to safeguard the Company’s and the Client’s interests.
10.3 Settlement of Accounts
All outstanding balances, fees, charges, or liabilities due by either party under this Agreement shall become immediately payable upon termination. The Company may apply any funds held in the Client’s Trading Account towards the discharge of any obligations owed by the Client.
10.4 Survival of Terms
Termination of this Agreement shall not:
- Affect any legal rights or obligations that may have arisen prior to termination;
- Prejudice the enforcement of any provisions that by their nature are intended to survive termination, including but not limited to clauses relating to:
- Indemnity;
- Confidentiality and Data Protection;
- Limitation of Liability;
- Governing Law and Dispute Resolution;
- Any continuing rights or obligations related to unsettled Transactions.
11. INDEMNITIES AND LIMITATIONS OF LIABILITY
11.1 Disclaimer of Warranties
The services provided by the Company, including the Trading Platform and any associated tools, reports, or materials, are offered strictly on an “as is” and “as available” basis. The Company makes no representations or warranties of any kind, express or implied, regarding:
- The merchantability or fitness for a particular purpose;
- The accuracy, completeness, or timeliness of data or information provided;
- The uninterrupted or error-free operation of the Trading Platform or Website.
To the fullest extent permitted by applicable law, all such warranties are expressly disclaimed.
11.2 Limitation of Liability
The Company shall not be liable for any direct, indirect, incidental, special, punitive or consequential damages (including, without limitation, loss of profits, loss of opportunity, loss of data, or business interruption) arising from:
- The use of, or inability to use, the Trading Platform or Website;
- Any technical failures, delays, interruptions, or system errors;
- Any virus, malware, or harmful component transmitted via Company systems;
- Any reliance by the Client on information obtained via the Trading Platform.
This limitation shall apply regardless of the cause of action, even if the Company has been advised of the possibility of such damages.
11.3 Indemnification by Client
The Client agrees to indemnify and hold harmless the Company, its affiliates, directors, officers, employees, agents, and service providers from and against any and all claims, liabilities, losses, damages, penalties, expenses, or costs (including reasonable legal fees) arising out of or in connection with:
- The Client’s breach of this Agreement or any Applicable Law or Regulation;
- Any negligent, fraudulent, or unlawful act or omission by the Client or its agents;
- Any instruction, communication, or transaction that is acted upon by the Company in good faith and believed to be from the Client.
This indemnity shall survive the termination of this Agreement.
11.4 Right of Set-off
If:
- An Event of Default occurs (as defined in Clause 13);
- This Agreement is terminated for any reason; or
- The Client owes any amount to the Company under this Agreement;
Then the Company shall be entitled, without prior notice, to set off any and all liabilities or obligations of the Client to the Company (whether actual or contingent) against any amount or credit balance held in the Client’s Trading Account or otherwise owed by the Company to the Client.
12. GENERAL PROVISIONS
12.1 Amendments
The Company may amend the terms of this Agreement from time to time. In the event of a material change, the Company shall notify the Client by written notice at least ten (10) Business Days in advance of the effective date of such amendment. Unless otherwise agreed, such amendments shall not affect any Transactions or obligations already entered into prior to the effective date of the change.
12.2 Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, the remaining provisions shall remain valid and enforceable. The invalidity of one provision shall not affect the validity or enforceability of the other provisions of this Agreement in that or any other jurisdiction.
12.3 Joint Accounts
In the case of a joint Trading Account:
- Each account holder shall be fully authorised to act on behalf of all other joint account holders.
- Any instruction or notice given by one joint account holder shall be binding on all.
- In the event of conflicting instructions from joint account holders, the latest instruction received and acknowledged by the Company shall prevail.
12.4 Language, Notices, and Complaints
All communications shall be conducted in English, unless otherwise agreed between the parties. Oral communications may be conducted in another mutually understood language.
Unless otherwise specified, notices or communications from the Company to the Client may be sent via:
- Email to the address provided by the Client;
- Postal mail or courier to the Client’s registered address;
- Platform notifications or secure messages.
Any complaints should be addressed to the Company’s Client Services Department via info@ibullcapital.com. The Company shall handle complaints in accordance with its Complaints Handling Policy and applicable regulatory requirements.
12.5 Governing Law and Jurisdiction
This Agreement shall be governed by the laws of the Republic of Mauritius, unless otherwise required by applicable regulation. The courts of Mauritius shall have exclusive jurisdiction over any disputes arising under this Agreement.
However, the Company reserves the right to initiate legal proceedings in the Client’s country of residence or any other appropriate jurisdiction if necessary to recover debts or protect its legal rights, including intellectual property, reputation, or confidentiality rights.
12.6 Assignment
The Client shall not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Company. The Company may assign its rights and obligations under this Agreement to an affiliated entity, subject to applicable laws and regulations. In such a case, the Client shall be notified and this Agreement shall be deemed amended accordingly to reflect any regulatory requirements applicable to the assignee.
12.7 Tax Obligations
The Client is solely responsible for complying with all applicable tax laws in their jurisdiction in relation to trading activity, including:
- Reporting income or capital gains/losses;
- Paying any personal, corporate, or other taxes arising from trading.
The Company shall not provide tax advice and shall not be responsible for withholding or remitting taxes on behalf of the Client unless required by law or a lawful order of a competent authority. The Company reserves the right to comply with any tax reporting or withholding obligations imposed by regulatory or tax authorities.
13. PROHIBITED TRADING TECHNIQUES
13.1 System Tampering and Unauthorised Access
Clients must not engage in any activity that seeks to:
- Circumvent or compromise security protocols or authentication measures of the Company’s trading systems or platform;
- Reverse-engineer, decompile, or disassemble any part of the Company’s software or technology;
- Access, or attempt to access, systems or data without proper authorisation.
Breach Consequences: Where such activity is reasonably suspected, the Company reserves the right to:
- Suspend or permanently revoke the Client’s access to the Trading Platform;
- Terminate the Trading Account;
- Seize any profits derived from such activities, and
- Report the incident to relevant authorities or third parties as required.
13.2 Use of Unauthorised or Automated Trading Tools
The use of unauthorised algorithmic or artificial intelligence-based trading systems is strictly prohibited, particularly where:
- Such tools are used to exploit technical or price feed vulnerabilities;
- They operate without human intervention or circumvent order execution logic.
Enforcement Measures: Upon identification of unauthorised use of such tools, the Company may:
- Disable account access and block API connectivity;
- Reclaim profits made using such techniques; and
- Terminate the Client relationship with immediate effect.
13.3 Latency Arbitrage and Other Abusive Strategies
Clients must not engage in trading strategies that exploit:
- Delayed price feeds, connectivity lags, or system latency (“sniping”);
- Trades based on non-market reflective pricing due to feed errors or delays;
- Techniques commonly known as scalping or arbitrage in an OTC environment where pricing is determined by the Company as principal.
In such cases, the Company may:
- Cancel or void affected trades without prior notice;
- Adjust prior pricing, spreads, or other conditions retroactively;
- Restrict access to real-time quoting (e.g. move the client to manual order processing);
- Recover profits derived from such strategies;
- Close all associated accounts; and
- Report the misconduct to applicable regulators or third parties.
13.4 Monitoring and Dispute Resolution
The Company continually monitors for abusive or unlawful activity using advanced detection tools. If a breach is suspected:
- The Company will investigate promptly;
- Any disputes arising from such activity shall be resolved by the Company in a commercially reasonable manner;
- Clients may escalate unresolved issues through the Company’s complaints procedure or applicable legal or regulatory channels.
13.5 Market Conditions and Client Responsibility
Clients acknowledge that the OTC leveraged trading environment is inherently volatile and speculative. Accordingly:
- The Company is not obliged to contact the Client regarding market disruptions, price gaps, or changes in margin;
- It is the Client’s sole responsibility to monitor open positions and take timely actions;
The Company shall not be liable for losses resulting from the Client’s failure to do so.
Contact Details:
iBull Capital (Mauritius) Ltd
Email: info@ibullcapital.com