By accessing, viewing, using any of the services made available on KIMI FINTECH website, mobile applications, or any other related services you acknowledge that you have read, understand, and unconditionally agree to be bound by the Terms of this agreement.
KIMI FINTECH may at any time, without notice, amend the Terms of this agreement. You agree to continue to be bound by any amended terms and conditions and that KIMI FINTECH may at any time, without notice, amend the Terms of this agreement have no obligation to notify you of such amendments.
You acknowledge that it is your responsibility to periodically check these Terms of this agreement for changes and that continued use of the Website and Services offered by KIMI FINTECH following the posting of any changes to the Terms of this agreement indicates your acceptance of any such changes. If you do not accept the Terms of this agreement, do not access this Website and do not use this Service.
KIMI FINTECH is not available to citizens or residents of the United States of America, Peoples Republic of China, Crimea, Iran, Syria, North Korea, Sudan or any other jurisdiction where such services may be restricted.
The Content and the Service provided by KIMI FINTECH shall not be considered a solicitation to any person in any jurisdiction where such solicitation would be illegal. You agree that you are not, nor are you acting on behalf of a person who is, a citizen or resident of, domiciled in, accessing the Service from (via VPN or otherwise), located or incorporated in, the United States of America, Peoples Republic of China, Crimea, Iran, Syria, North Korea, Sudan or any other jurisdiction that prohibits access to, or use of, the Content or Service (the “Eligibility Obligation”). In the event that you violate the Eligibility Obligation, KIMI FINTECH reserves the right to reverse trading positions and irrevocably seize, suspend, arrest, and/or reduce your account balance. You assume all the responsibility arising from any access to or use of the Content and Service in the event that you violate the Eligibility Obligation.
By registering as a Customer You covenant, represent, and warrant that (under the Applicable Law and law of the country of Your residence):
KIMI FINTECH, provides a mobile application-based platform that allows users of the KIMI FINTECH App to obtain economic exposure to the price movement of an underlying financial instrument (including, stocks, indices, commodities, cryptocurrencies, and forex) without the need for ownership and physical settlement of the underlying financial instrument (the “Service”).
The Customer acknowledges that the Services do not include the provision of investment advice. Any investment information as may be announced by KIMI FINTECH to the Customer does not constitute investment advice.
The Customer agrees and acknowledges that he/she/it is solely responsible for any investment strategy, transaction or investment composition of any account and taxation consequences and he shall not rely, for this purpose on KIMI FINTECH. It is also understood and accepted that KIMI FINTECH shall bear absolutely no responsibility, regardless of the circumstances, for any such investment strategy, transaction, investment or information.
Customer agrees to be conclusively responsible for any instruction received electronically (including, but not limited to, any Order) that is identified with Customer’s password and Account number to KIMI FINTECH from persons that KIMI FINTECH, in its sole judgment, believes are apparently authorized by the Customer.
The Service may include or make available certain information (the “Information”). Information includes: (1) bid prices or ask prices, account positions, balances, transactions, confirmations, and order history; (2) general news and information, commentary, research reports, educational material and information and data concerning the financial markets, financial instruments and other subjects; (3) market data such as quotations for financial instruments, transactions and/or last sale information for completed financial instrument transactions reported; (4) financial and investment interactive tools, such as alerts or calculators; (5) company names, logos, product and service names, trade names, trademarks and services marks; and (7) any other information, content, services, or software. Certain information is furnished by third parties, Such information includes, any information, content, service or software made available by or through social media websites, blogs, wikis, online conferences, telecasts, podcasts, and other forums. Third Party information may be available through framed areas or through hyperlinks to the Third-Party Providers’ websites.
Information posted on KIMI FINTECH is published as of its stated date or, if no date is stated, the date of first posting. Neither KIMI FINTECH nor the Third-Party Providers have undertaken any duty to update any such information.
You will not hold KIMI FINTECH and/or any Third-Party Provider liable in any way for (a) any inaccuracy of, error or delay in, or omission of the Information; or (b) any loss or damage arising from or occasioned by i) any error or delay in the transmission of such Information; ii) interruption in any such Information due either to any negligent act or omission by any party or to any “force majeure” (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications or power failure, equipment or software malfunction), or iii) to any other cause beyond the reasonable control of KIMI FINTECH and/ or Third-Party Provider, or iv) non-performance.
Neither KIMI FINTECH nor the Third-Party Providers make any representations, warranties or other guarantees as to the accuracy or timeliness of any price quotes. KIMI FINTECH expects that these prices will be reasonably related to the bid prices and ask prices available in the market at that time for similar transactions, but a number of factors, such as communication system delays, high volume or volatility can result in deviations between prices quoted by KIMI FINTECH and other sources. KIMI FINTECH makes no warranty, express or implied, that Bid Prices and Ask Prices represent prevailing bid prices and ask prices. If the Customer loses funds due to the difference in quotations, Neither KIMI FINTECH nor the Third Party Providers is not responsible for this.
Order Execution. KIMI FINTECH will attempt to execute all Orders that it may, in its sole discretion, accept from Customer in accordance with Customer’s instructions received through the KIMI FINTECH Apps. In cases where the prevailing market represents prices different from the prices KIMI FINTECH has posted on its Apps, KIMI FINTECH will attempt, on a best efforts basis, to execute trades on or close to the prevailing market prices. This may or may not adversely affect Customer realized and unrealized gains and losses.
Customer acknowledges, understands and agrees that KIMI FINTECH is not acting as an agent, advisor or in any fiduciary capacity. Notwithstanding the provisions of this paragraph, Customer acknowledges, understands and agrees that orders can be executed at prices different from those that the Customer sees on the Apps.
Trade Matching. KIMI FINTECH uses a trade matching system operated by third parties. KIMI FINTECH shall have the right, in the sole discretion of KIMI FINTECH, to act for its own account, and as a counterparty or as a broker to Customers in the making of markets, including without limitation, over any trade matching network in use by Customers and/or the general public.
Position & Trading Limits. KIMI FINTECH reserves the right to limit the number of Open Positions that Customer may enter or maintain in Customer’s Account. KIMI FINTECH reserves the right, in its sole discretion, to refuse to accept any Order opening a new position or increasing an Open Position.
Customer shall provide to and maintain with KIMI FINTECH margin funds in such amounts, and within such limits as KIMI FINTECH or the Third Party Liquidity Providers, in its sole discretion, may from time to time require in order to provide Service. KIMI FINTECH or the Third Party Liquidity Providers may change margin requirements at any time, without prior notice to Customer: (x) any time Customer’s margin balance falls below KIMI FINTECH or the Third Party Liquidity Providers minimum margin requirement as applied to that Account; and (y) any time KIMI FINTECH or the Third Party Liquidity Providers, in its sole discretion, believes that it is prudent to do so. KIMI FINTECH or the Third Party Liquidity Providers may at any time liquidate Customer’s open positions or withdraw funds from the Customer’s account without notice: (x) to ensure that actual margin equals or exceeds required margin; and (y) to satisfy any payment obligation to KIMI FINTECH or the Third Party Liquidity Providers.
The Customer shall be obliged to pay KIMI FINTECH the commissions, margin financing and other costs set out on the Website or Apps. KIMI FINTECH will display all current commissions, margin financing and other costs on its Website or Apps.
KIMI FINTECH may vary commissions, margin financing and other costs from time to time and shall provide Customers with notice thereof. All changes in commissions, margin financing and other costs are displayed on the Website or Apps.
KIMI FINTECH retains all right, title and interest in and to this Website and Apps and services, including all copyrights, patents, trade secrets, trademarks, other intellectual property rights, trade names, logos, slogans, custom graphics, button icons, scripts, videos, text, images, software, code, files, content, information and other material available on KIMI FINTECH Website and Apps and nothing on this Website may be copied, imitated or used, in whole or in part, without our KIMI FINTECH's written permission.
You may only access, use and print the information and material on this Website and Apps for non- commercial or personal use provided that you are authorized to access such information or material and keep intact all copyright and proprietary notices.
You must not otherwise reproduce, adapt, store, transmit, distribute, print, display, commercialize, publish or create derivative works from any part of the content, format or design of KIMI FINTECH Website and Apps.
KIMI FINTECH insists on a comprehensive and thorough customer due diligence process and implementation and ongoing analysis and reporting. This includes monitoring of suspicious transactions and mandatory reporting to international regulators. KIMI FINTECH needs to keep certain information and documentation on file pursuant to applicable law and its contractual relationships, and KIMI FINTECH hereby expressly reserves the right to keep such information and documentation.
KIMI FINTECH reserves the right to refuse registration to, or to bar transactions from or to, or terminate any relationship with, any customer for any reason (or for no reason) at any time. This includes, but is not limited to, anyone from or in jurisdictions that do not meet international AML–CTF standards as set out by the FATF; anyone that is a Politically Exposed Person within the meaning of the FATF’s 40 Recommendations; or, anyone that fails to meet any customer due diligence standards, requests, or requirements of KIMI FINTECH. At all times, you may be subject to enhanced customer due diligence procedures in your use of the Website and Apps.
KIMI FINTECH reserves the right to request additional information from Customers pursuant to the KIMI FINTECH AML Program and may withhold any payments (including account balance transfers) to Customers who fail to provide requested information in connection with same. For the avoidance of doubt, it is KIMI FINTECH’s policy to request such additional information, among other circumstances, in all cases where the aggregate amount of a Customer’s withdrawals of funds taken from such Customer’s KIMI FINTECH account exceeds the equivalent of USD 2,000, irrespective of whether such amounts are attributable to profits derived from such Customer’s positions taken using the Service or are attributable to previously deposited amounts.
You acknowledge that:
All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed and enforced in accordance with the laws of Canada.
Force Majeure
To resolve any dispute, controversy or claim between the Customer and KIMI FINTECH shall be held harmless for partial or absolute default on their respective obligations under the Agreement, if such default is caused by the circumstances of insuperable force that occurred after execution of the terms and conditions as result of extraordinary events, i.e. natural disasters, epidemics, fires, floods, explosions, military activities.
The Customer or KIMI FINTECH affected by the circumstances of insuperable force shall, within five (5) business days, notify the Customer or KIMI FINTECH on such circumstances providing independent evidence of existence of the circumstances of insuperable force issued by a relevant government or administrative authorities.
Arising out of or relating to this Agreement or the breach thereof, the Parties agree first to negotiate the issue in good faith for a period of not less than thirty (30) days following written notification of such controversy or claim to the other Party.
If the negotiations do not resolve the dispute, controversy or claim to the reasonable satisfaction of all Parties during such period, then the Parties irrevocably and unconditionally submit to the respective claim to the binding arbitration administered by the competent court of Canada in accordance with the rules of the arbitral tribunal, in English language, in writing on the basis of the documents submitted.
If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the Agreement, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions of the Agreement without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.