TERMS AND CONDITIONS

Welcome to Vivamarkets! By accessing, viewing, or using any of the services available on our website, owned and operated by Vivamarkets (hereinafter referred to as "Operator"), you agree to be bound by the following Terms and Conditions.

The website can be accessed via https://Vivamarkets.com/ (hereinafter referred to as "Website").

1. Agreement Changes: Vivamarkets may, at any time and without notice, modify these Terms and Conditions. Your continued use of the Website and services constitutes your acceptance of any amended terms. It is your responsibility as the user to periodically review these terms for changes.

2. Customer Responsibility: As a user (hereinafter referred to as "Customer"), you hereby acknowledge that it is your responsibility to stay informed about any updates to these Terms and Conditions. If at any point of usage, you do not agree with the Terms, please refrain from accessing the Website and using our services.

3. Customer and Vivamarkets Agreement: This Agreement constitutes the understanding between you (Customer) and Vivamarkets(operator). All other information provided on the Website or through oral/written statements is not considered a part of this Agreement.

4. Account Maintenance: Upon acceptance of your application to open an account (hereinafter referred to as "Account") with Vivamarkets, we will maintain one or more accounts in your name for Non-Deliverable Bitcoin settled products trading.

All contracts and transactions with Vivamarkets are governed by the terms of this Agreement, and are subject to amendments.

 

INTERPRETATION IN THIS AGREEMENT

The following rules of interpretation apply unless the context suggests otherwise:

Singular and Plural: Words in the singular include the plural, and vice versa.

Gender Inclusion: References to one gender include all other genders.

Clauses and Schedules: References to clauses and schedules are specific to this Agreement.

Party's Representation: A reference to any party includes personal representatives, successors, and permitted assigns.

Inclusion: The term 'including' does not exclude anything not explicitly listed. Statutory References: References to statutes include amendments, extensions, and re-enactments.

Writing and Email: References to writing or written include email communication. Negative Obligations: Any obligation not to do something includes an obligation not to allow that action.

Illustrative Language: Expressions like 'including,' 'in particular,' or 'for example' are illustrative and do not limit the preceding or following terms.

Headings: Headings of sections are for convenience and do not limit or construe sections.

Survival: All sections in this Agreement survive termination or expiration.

Forward-Looking Statements Disclaimer: Certain statements in this Agreement and on the website may be forward-looking. These statements are not guarantees of future performance. Actual results may differ due to known and unknown risks. The Operator or the Service Provider disclaims any obligation to update forward-looking statements based on changes in expectations or circumstances.

Agreement: Encompasses Terms and Conditions, along with any rules, policies, or procedures published on the Vivamarkets website.

Actions: Instructions received from Customers through the Website.

Applicable Law: Legal principles governing relations between the Customer and Vivamarkets.

Customer: The individual whose application Vivamarkets has accepted, subject to eligibility conditions.

Data: Information input into the Website by or with the Customer's authority. Intellectual Property Rights: Rights owned or used by Vivamarkets globally, including patents, copyrights, trademarks, and more.

Non-Deliverable Bitcoin Settled Products: Trading services provided by Prime Technologies Ltd. on Vivamarkets for products like CFDs, Forex, Indices, and Cryptocurrencies.

Operator: VivaMarkets Group licensed by FCA, ASIC, IFSC, and CySEC.

Service Provider: VivaMarkets, incorporated under the laws of the United Kingdom. Service: All services offered on the Website by the Service Provider.

Website: Interrelated websites owned by Vivamarkets, accessible via https://Vivamarketsonline.com/.

User: Any person using the Website.

Eligible Customers: By registering, the Customer agrees: To accept and comply with Terms and Conditions. To be of legal age, meeting eligibility criteria, and residency requirements. To be the legal owner of funds added to the account, sourced legitimately. Not to breach home jurisdiction laws. To understand and accept risks associated with services.

User Responsibilities: When using the Service, the User must:

 -Uphold security and integrity of Vivamarkets’ systems;

 -Not misuse the Services, impair functionality, or gain unauthorized access;

 -Not transmit harmful files, offensive content, or violate laws;

 -Not attempt to modify or reverse engineer computer programs.

 

Account Security: Keep usernames and passwords secure. Notify Vivamarkets promptly of any unauthorized use. Always provide correct withdrawal details to avoid liability for incorrect transactions.

Service Performance: Vivamarkets will:

-Receive and transmit orders on Actions;

-Execute orders on Actions;

-Provide safekeeping, administration, investment research, and financial analysis for Customers.

Investment Responsibility: Customers are solely responsible for investment decisions. Vivamarkets does not provide investment advice.

Order Execution: Vivamarkets will attempt to execute orders according to Customer instructions. Prices quoted may deviate due to various factors, and Vivamarkets is not responsible for such deviations.

Trade Matching: Vivamarkets may route orders to third-party trade matching systems.

Position & Trading Limits: Vivamarkets reserves the right to limit Open Positions. The Customer is liable for trading losses due to third-party access, voluntary or involuntary.

Margin Requirements: Customers must maintain margin funds as required by Vivamarkets, subject to changes at Vivamarkets' sole discretion. Vivamarkets may liquidate positions or withdraw funds without notice to ensure sufficient margin and cover obligations.

Commissions, Margin Financing, and Other Costs: Customers are obligated to pay commissions, margin financing, and other costs specified on the Website. Vivamarkets may change these costs and will notify customers of any variations on the Website.

Withdrawals: Withdrawals typically takes between 12 and 48 hours processing time.

Current and available balance: The current balance is the total amount in your portfolio, this includes; deposits, referrals, bonuses and return on investment. Available balance is the total amount of money available to be withdrawn at every point in time which is available to you weekly. Available balance is a percentage of your deposits which is available to you for withdrawals.

INTELLECTUAL PROPERTY

Ownership: The Website and software are owned by Vivamarkets, including trademarks. All materials on the Website are owned by the Service Provider for personal, non-commercial use.

Usage Restrictions: Users may display or print extracts for personal use, retaining copyright notices. Unauthorized alteration, reproduction, or distribution of copyrighted materials is prohibited.

Logos and Trademarks: Users may use Vivamarkets' logos and trademarks as authorized but cannot alter, copy, or erase them.

Submission of Content: By submitting content to the Website, users grant Vivamarkets a royalty-free license to use, reproduce, and distribute the content worldwide.

Third-Party Websites: Vivamarkets disclaims responsibility for third-party websites linked to the Website. Users are prohibited from creating hyperlinks without prior consent.

WARRANTIES AND REPRESENTATIONS:

User Responsibilities: Authorized access to the Website. Compliance with jurisdictional laws. Use of the Website at own risk.

Information Accuracy: Information on the Website is for general purposes, and Vivamarkets is not liable for resulting losses.

Website Operation: Vivamarkets does not guarantee uninterrupted or error-free Website use.

Exclusions of Warranties: All implied conditions or warranties are excluded. Vivamarkets denies liability for Website operation, internet services, and trade executions.

Legal Compliance: Users warrant not engaging in illegal activities, including money laundering and trading in embargoed countries.

Internet Constraints: Vivamarkets is not liable for perceived slow Website operation due to internet constraints.

Trade Executions: Trade executions are final and irreversible. Vivamarkets reserves the right to liquidate trades at any time.

Service Interruptions: Vivamarkets may halt trading or limit Website access for market disruption or maintenance, excluding liability for claimed losses.

Limitation Of Liability: The Service Provider and Service Provider parties are not liable for indirect, special, incidental, or exemplary damages arising from the Agreement. The aggregate liability of the Service Provider and Service Provider parties for any claims related to the Agreement is limited. Parties are responsible for compliance with terms and conditions, and the Customer must resolve claims at their expense. The Service Provider can demand compensation for losses due to violations and may release customer information as per applicable law.

Termination & Remedies for Breach: The Service Provider can close the Account with a 24-hour notice, and open positions may be closed at the expiry. The Service Provider may freeze the Account for suspicious trading or breaches. The Customer indemnifies the Service Provider for any losses.

Absence of Waiver: Failure to enforce terms or exercise rights does not waive the rights.

Applicable Law: The Agreement is governed by the laws of Saint Vincent and the Grenadines.

Force Majeur: Parties are not liable for default due to insuperable force, including natural disasters, epidemics, and military activities.

Dispute Resolution: Parties will negotiate disputes for at least 30 days. If not resolved, disputes go to binding arbitration in Saint Vincent and the Grenadines. Severability: If any part of the Agreement is invalid, the remainder remains in force. Parties will find alternatives to achieve the same result.

Other Conditions: The English version of the Agreement prevails in case of translation differences. Notices under the Agreement are in writing and sent by email to the Customer's specified email. The Agreement binds successors, assigns, and legal representatives. The Service Provider can assign its rights and obligations. Other parties require written consent for assignment.

Risk Disclosure Statement: Services, materials, and products are provided "as is" and "as available," with the Service Provider disclaiming all other warranties, including implied warranties of merchantability and fitness for a particular purpose. The Service Provider does not guarantee accuracy, completeness, reliability, or error-free nature of the site, services, or materials. Orders are not guaranteed to be executed, accepted, recorded, or remain open. Customer acknowledges the speculative and risky nature of trading non-deliverable Bitcoin settled products. It's suitable for those understanding and willing to assume risks, and financially able to bear significant losses. High leverage can lead to quick losses. Customers must maintain minimum margin requirements, and the Service Provider can liquidate open positions if requirements aren't met.

Prices, margin, and valuations set by the Service Provider may differ from prices reported elsewhere. The Service Provider has discretion in setting and collecting margin. The Service Provider is not an advisor or fiduciary. Market recommendations are informational, and customers make independent decisions. The Service Provider has no fiduciary duty or liability for customer actions. Recommendations are based on personal judgments and not guaranteed. The Service Provider doesn't guarantee accuracy or completeness and doesn't assure risk reduction by following recommendations. No central market or clearinghouse guarantee. Each trade is a direct contract between the Service Provider and the Customer, without guarantees by other parties. No guarantees of profit. Customers may not be able to close or open positions due to various circumstances, and the Service Provider bears no liability for such situations. Service interference and third-party attacks may impact order execution or fund transfers. The Service Provider is not responsible for such interference.

Indemnification: Customers agree to indemnify and hold harmless the Operator and Service Provider, including affiliates and agents, from claims, actions, expenses, and damages arising from the customer's use, breach of terms, or violation of applicable laws. If obligated to indemnify, the Service Provider has the right to control any action or proceeding and determine settlement terms.

Building a safe community begins with the bricks of trust, the mortar of understanding, and the shared commitment to weave a tapestry of security for all.