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THIS INVESTMENT AGREEMENT is made with effect from the date of e-registration.
BY AND BETWEEN
GLOBAL AI SOLUTION LIMITED (14636482), an England and Wales, U.K. Proprietary Company, Limited by shares, having its registered office at 41 Devonshire Street Ground Floor Office 1, London, United Kingdom, W1G 7AJ (hereinafter referred to as the “Company”);
Global Femic Services LIMITED (66715742), a Hong Kong Special Administrative Region Proprietary Company, Limited by shares, having its registered office at RM 1517, 15F Amiata Industrial Building, 58-64 Lei Muk Road, Kwai Chung, New Territories, Hong Kong (hereinafter referred to as “GFS Markets”);
THE PERSON whose names and addresses are set out in the undersigned (hereinafter referred to as the “You” or “Investor” which shall be used interchangeably)
(Hereinafter individually referred to as “Company”, “Customer” or “You”, “GFS Markets” respectively, and/or collectively as “the Parties” hereto.)
1. The Company is an approved England and Wales, U.K. subsidiary company fully owned by Global AI Solution Limited.
2. The Company has invited the Investor to make an investment into a foundation named, ‘Global Femic Services Limited’ (hereinafter referred to as “GFS Markets”) on the terms and condition set out in this Agreement;
3. You, as the named Investor herein has indicated an intention and willingness to make the Investment into GFS Markets set out in this Agreement; and
4. The Company and the Investor have agreed to enter into this Agreement to set out the terms and conditions in relation to the Investor’s ability to invest in GFS Markets. This Agreement shall, together with the Terms of Service, govern the Investor’s Investment and usage of the Platform.
This Agreement sets out the terms and relationship between the Company and you. Please read this Agreement carefully, and we strongly advise you to keep a printed or electronically stored copy of this Agreement for your future reference.
Definitions and Interpretation
The definitions and rules of interpretation in this Clause apply in this Agreement.
Business Days mean the days on which banks are opened for business in United Kingdom and excludes any public holidays, Saturdays and Sundays
Capital Protection Model means an extra assurance for Investor to manage and minimise trading risks
Confidential Information means information of a confidential and sensitive nature (however stored) relating to the Investor
Foreign Investors mean, Investors who are not resident in England, United Kingdom;
Minimum Investment Amount means One Thousand and Fifty United States Dollar (USD 1,050.00)
Platform means, the Personal Foundation Portal operated by the Company which includes the Website;
2. In this Agreement, unless the context otherwise requires:
2.1 Unless the context requires otherwise, words in the singular include the plural and vice versa, and use of the masculine includes the feminine and neuter and vice versa;
2.2 The word “including” or “includes” is not exclusive, so it should be read as if followed by the words “without limitation”;
2.3 References to a specific clause mean a clause of this Agreement unless otherwise stated;
2.4 Any use of the terms “you must”, “you shall”, “you may only”, “you may not” or similar terms mean that, in executing this Agreement, you expressly agree to be bound by whatever action or commitment such terms reference; and
2.5 References to times of day are to United Kingdom local time and references to a day are to a period of 24 hours running from midnight on the previous day.
3. THIS AGREEMENT
This Agreement is a binding contract between the Parties hereto, and it sets out the Parties’ rights and obligations with respect to the Investor’s Investment in GFS Markets. In executing this Agreement, you indicate that you agree to adhere to, and be bound by, all of its terms.
3.2 Relationship to Other Agreements
You agree and acknowledge that the terms of this Agreement will prevail over the terms of any agreement to which you agreed before this Agreement.
4. Eligibility for Membership as an Investor
4.1 Upon executing this Agreement, the Investor shall become a Member of GFS Markets. You must answer any questions entirely on your own and without the assistance of another individual. This means that the declarations set forward in the self-certification are truthful and genuinely apply to you.
4.2 Parties acknowledge that the Company shall not provide the Investor with any advice (investment advice, legal, taxation or any other advice) in relation to the transactions/ Investment conducted through GFS Markets. Each Investor (meaning any Member wishing to invest in equities or securities, an Investment) confirms to each Relevant Person that, for the purposes of entering into any investment contemplated by these terms, he or she enters into any investment entirely on the basis of their own assessment of the risks and effect thereof. For the avoidance of doubt ‘Relevant Person’ means, in the case of the Company, the Company’s Directors, employees, consultants, agents, introducers or advisors.
5. Registration Process
In order to join as an Investor of the Global Femic Services Limited, the Investor must do the following:
5.1 If you are an individual member you have to be a natural person who is 18 years old or above and accept all terms in this Agreement;
5.2 Complete the online self-declaration process as the applicable Investor on the Personal Foundation Portal by warranting that such self-declaration is truthful and genuinely apply to the Investor. From time to time the Company reserves its rights to ask for further confirmation from the Investor for such self-declaration; and
5.3 Satisfactorily complete any information required by the Company and/or the Personal Foundation Portal. By doing so, the Investor will need to provide certain personal information about him or herself for verification of his/her eligibility.
5.4 The Company reserves the right to request for further information which is relevant for the use and services of the Personal Foundation Portal from the Investor from time to time.
5.5 Notwithstanding the above, the decision whether to authorise you to act as an Investor under the Platform is entirely ours and the decision may be made by us for any reason or for no reason. We will not be liable to you for any direct or indirect losses (including loss of profits, business or opportunities), damages or costs arising from our decision not to authorise or permit you to be an Investor of the Platform; and
5.6 On becoming an Investor, you will be able to view the offers on the Personal Foundation Portal.
5.7 Investors need to follow these steps:
Step 1: Register an account with GFS Markets.
Step 2: On the Global AI Solution Landing Page, select package. Then, after agreeing with the attached Terms and Conditions, an email will be sent to Global AI Solution Support and GFS Markets Support. After receiving your email, GFS Markets Support will enable the selected package in the email for the client to deposit funds.
Step 3: Upon receiving the client deposit, the subscription fee will be deducted from the MT5 account.
Step 4: The client account will be linked to the corresponding master account, whereafter trading will be disabled for a period of 3 months. During this period, the client will be unable to withdraw, transfer, or trade funds.
6. Foreign Investor
6.1 If you are a Foreign Investor as defined hereunder, you agree and acknowledge that you are wholly responsible for complying with all respective applicable laws of your country of residence or from which you may access the Platform and the Company accepts no responsibility for any breach of such laws.
6.2 You agree and acknowledge that most overseas countries outside United Kingdom have securities laws which regulate the offering of financial products such as securities and/or investment instruments to the public, and no Offer is made through the Platform or may be accepted by any Foreign Investor if to do so constitute a breach of any such law or if to do so triggers any filing/ registration/ approval requirement.
7. Obligation of Investor
You agree and acknowledge that by making any investment into GFS Markets, it shall be deemed to represent to the Company and its directors, on each occasion any monies are invested, that you are doing so in compliance with all applicable laws, and all information provided is accurate, complete and up-to-date, and you shall be liable in damages accordingly for any costs or losses suffered by the Company or any of its directors as a result of any such non-compliance or alleged non-compliance.
8. Change of Information
You agree to notify the Company immediately should any of the details which you have provided to us have changed. This is particularly important for any change in email address, as email is the principal medium of communication from the Company to you.
9. No Advice & Non-Solicitation
9.1 The Company does not provide advice with respect to any aspect of transactions conducted through the Platform, other than advice on the technical use of the Platform. This means, among other things, that the Company cannot give you any investment, legal, taxation or other advice in connection with any investments you make through the Platform, and nothing on the Platform or in any communications we send to you is intended to constitute advice. If you need or want advice, you should consult an appropriate professional financial, legal, taxation or other adviser.
9.2 The Investor understands that nothing in this Agreement or any other materials presented to the Investor in connection with the Investment on GFS Markets constitutes legal, tax or investment advice. The Investor has consulted such legal, tax and investment advisors as it, in its sole discretion, has deemed necessary or appropriate in connection with his/her Investment made on GFS Markets.
10. Location of Activities
10.1 In executing this Agreement, you agree that all of the activities that the Company conducts with the Investor takes place within the United Kingdom, regardless of where the Investor may be physically located at the time the Investor uses the Platform or otherwise engage with the Company. This means that the you agree that the Company’s activities are subject only to the laws of United Kingdom and not to the laws of any other country in which you may be physically present at any given time, and therefore that any redress you may seek from us in any circumstances must be sought under United Kingdom law.
10.2 However, you agree to comply with all relevant laws and regulations that may apply to your use of this Platform in any jurisdiction in which you may be located.
11. The Personal Foundation Portal (“Platform”)
11.1 As an Investor, you are eligible to use the Platform to open, up to a maximum of ten (10) trading accounts with our strategic partner broker, at a minimum of One Thousand and Fifty United States Dollar (USD 1,050.00) only to make investments.
12. The Investment
12.1 In respect of the Investor’s portfolio:
a. An Investor that opens an account with GFS Markets is automatically eligible for the Capital Protection Model. As the Investor transfers funds into his/her account through online bank transfer, cryptocurrency and/or other approved mode of fund transfers, a third of the capital will be allocated into the Capital Protection Pool, while two-thirds of the money will be used for trading purposes;
b. In the event that GFS Markets makes the right decision, the Investor will earn a profit, and the Capital Protection Pool is untouched. Then, a third of the capital will be donated to the Capital Protection Pool once more before the next trading order is executed;
c. Notwithstanding anything to the contrary, if GFS Markets makes the wrong decision, the Investor can recover his/her losses from the Capital Protection Pool. Nonetheless, in the event the Investor makes a loss consecutively, the loss may also be recovered by the pool of funds as winners in the previous trades will continue donating to the Capital Protection Pool;
13. No Recommendation, No Reliance on Other Information
Notwithstanding anything to contrary herein stated, you agree and acknowledge that the investment decision with respect to any investment through GFS Markets is yours and yours alone.
14. Termination of Membership
14.1 The Company may terminate your membership at any time and for any reason or no reason. Matters of concern include the following:
a. where there is doubt that you are aged 18 years or above or about your identity or place of residence;
b. where information supplied by you to the Company or on the Personal Foundation Portal may not be correct or has not been able to be verified; or
c. concerns in relation to anti-money laundering rules and laws
14.2 Consequences of Termination or Suspension. If your membership is terminated pursuant to Clause 14.1 hereunder, you will no longer be able to make investments through GFS Markets and we will not be liable to you for any losses, damages or costs arising from such termination or suspension.
14.3 Death. If the Company receives proof of your death that is satisfactory to us, we will terminate your membership pursuant to Clause 14.1. If at such time you still have investments through the Platform and/or GFS Markets, we will refund you your funds less all administrative expenses, if any.
14.4 The Parties hereunder agree and acknowledge that the termination of this Agreement shall in no circumstances affect:
a. The accrued rights or liabilities of the Parties on the date of termination; and/or
b. The validity of any agreement arrangement and/or transaction made between the Company and the Customer; and/or
c. Relieve either party of its liability for the performance of obligations imposed upon said party during the effective period of this Agreement if such obligations have not been performed or completed at the time of termination.
15. Conflicts of Interest
15.1 The Company does its best to ensure that its interests do not conflict with yours, and the Company has deliberately designed its fee structure so that the Company primarily earns a percentage commission from when you make an investment. Nevertheless, as a platform provider the Company is not your representative or agent, and at times our interest may conflict with yours.
15.2 As an Investor you should note that the Company or its employees may choose to make investments, through GFS Markets or otherwise, in businesses that seek capital through GFS Markets and although the incentives relevant to such investments are likely to be aligned with your incentives, they may not be perfectly aligned.
16.1 You shall be liable to the Company for any loss or damage suffered by the Company as a result of any breach of this Agreement or any other agreement which you enter into with the Company, and/or of any use of the Platform and/or GFS Markets that is fraudulent or represents wilful misconduct.
16.2 You further acknowledge that you are able to bear the economic risk of your Investment at GFS Markets and has sufficient knowledge and experience in financial and business matter so as to be capable of evaluating the merits and risks of your investment through GFS Markets.
16.3 The Company shall not be liable to you for any loss or damage in respect of any matter for which liability is expressly excluded hereunder, or arising out of or in connection with any representation made by any third party that includes but not limited to, any individuals who represented to you as an introducer, broker, or agent, error or inaccuracy in the data entered by you. The Company shall not be liable to you for any indirect, consequential, special or punitive loss, damage, cost or expense, unforeseeable losses or damages, loss of profit, loss of business, loss of wasted management time or time of other employees, loss of reputation, depletion of goodwill or loss, damage or corruption of data.
18. No Partnership or Agency
This Agreement shall not be construed so as:
a. to create a partnership or joint venture between you and the Company; and
b. to constitute you and the Company as agents of one another.
19. No Waiver
No failure or delay by the Company in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by the Company of a breach of any provision of this Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
If any provision of this Agreement is held by any court or other competent authority to be invalid or unenforceable in whole or in part, this Agreement shall continue to be valid as to its other provisions and the remainder of the affected provision.
21. Entire Agreement
Except as set forth hereunder, this Agreement contains the entire agreement between the Parties, and supersedes and replaces all previous agreements and understandings between the Parties hereunder, with respect to the matters set for therein. The Parties acknowledge that, in entering into this Agreement, neither of the party are relying on, and shall have no remedies in respect of, any representation, warranty, pre-contractual statement or other provision except as expressly provided in this Agreement.
All disclaimers, indemnities and exclusions in this Agreement shall survive termination of the Agreement for any reason.
23. Time of Essence
Time shall be of the essence in relation to all matters arising under or pursuant to this Agreement.
24. Force Majeure
The Company will not be in breach of this Agreement if there is, and shall not be liable or have responsibility of any kind for any loss or damage incurred by you as a result of, any total or partial failure, interruption or delay in performance of our duties and obligations occasioned by any act of God, fire, act of government, state, governmental or supranational body or regulatory authority or war, civil commotion, terrorism, failure of any computer dealing system, interruptions of power supplies, labour disputes of whatever nature or any other reason (whether or not similar in kind to any of the above) beyond the Company’s reasonable control.
25. Governing Law and Jurisdiction
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes and claims) shall be governed by and construed in accordance with the laws of the United Kingdom. The Courts of the United Kingdom shall have exclusive jurisdiction over any such claim, although the Company retains the right to bring proceedings against you for breach of this Agreement in your country of residence or any other relevant country.
26. Third Party Rights
Unless expressly provided to the contrary in this Agreement, a person who is not a party to this Agreement may not enforce any of its terms of this Agreement, and, notwithstanding any term of this Agreement, no consent of any third party is required for any amendment (including any release or compromise of any liability) or termination of this Agreement.
By signing up as an Investor on the Platform and/or GFS Markets and by continuing to have an Investor account on the Platform and/or GFS Markets, you acknowledge that you have read, understand, and agree to this Investor Agreement. This Agreement shall be deemed duly executed and shall be effective and binding upon you as an Investor.
All notices given under this Agreement shall be in the English language.
The Parties shall at all times keep confidential (and to procure that where applicable, its respective directors, officers, employees, agents and advisers keep confidential) the date and nature of this agreement, any confidential information relating to this Agreement and/or all other documents relating to or in connection therewith (“Confidential Information”) and shall not disclose such information to any other party without the prior written consent of the other parties, save and except:
a. if the Confidential Information becomes generally available to the public other than as a result of a disclosure by any of the parties in breach of this clause;
b. in accordance with this Agreement;
c. to the legal and financial advisers and employees of the parties, provided that such advisers and employees are under an obligation of confidentiality at least similar to that provided hereunder; or
d. otherwise by or on behalf of any party as may be required by any law or regulatory authority.
e. This clause on confidentiality provisions shall survive termination of this Agreement for any reason.
30. Anti-Money Laundering and Targeted Financial Sanctions
You hereby warrant and undertake that you are not and have not been engaged, directly or indirectly, in any transaction that involves proceeds of any unlawful activity and always in compliance with anti-money laundering rules and regulations in United Kingdom or your local applicable laws.
31. Independent Legal/ Investment Advice
You hereby acknowledge that you have been afforded the opportunity to obtain independent legal or investment advice and confirm by the execution and delivery of this Agreement that you have either done so or waived their right to do so in connection with the entering into of this Agreement.
You hereby acknowledge that by investing in any investment products, included but not limited to GFS Markets hereunder, carries some element of risks as they may or may not do well.
As an Investor, you may lose all of your investment and may not be able to sell any investment you purchase due to illiquidity.
You are advised to spread your risks by diversifying your portfolio across different asset classes. We strongly advise that you seek independent advice and conduct your own due diligence and research before you decide to invest.