By utilizing this website, you agree to be bound by these terms and conditions. This is a legal agreement ("Agreement") between you and Otomation Soft (Pty) Ltd, or any of its affiliated entities ("Pocket Copytrade") for use of the website, data, Pocket Copytrade electronic trading platform, and products and services which you selected or initiated, which may include the Pocket Copytrade trading platform and third party signal/strategy providers ("Products and Services").
1. Scope – General Information
1.1. Scope of agreement
This is a legal agreement (hereinafter the "Agreement") between you and Otomation Soft (Pty) Ltd ("Pocket Copytrade") for use of the website, data, Pocket Copytrade electronic trading platform, and products and services which you selected or initiated, which may include the Pocket Copytrade trading platform and third party Signal/Strategy providers ("Products and Services").
1.2. Otomation Soft (Pty) Ltd and the Pocket Copytrade Platform
1.2.1. Pocket Copytrade is a technology provider that provides to a number of FX and CFD Brokers and to their respective clients the possibility to integrate in their business relationship the functionality of the Pocket Copytrade Trading Platform (hereinafter the “Pocket Copytrade Platform” or the “Platform”).
1.2.2. The Pocket Copytrade Platform is a copy trading system, allowing a Broker’s client to reproduce in his/her trading account held with the Broker (the “Trading Account”), in an automated way and subject to the application of various parameters and limitations, trading signals generated by third parties (the “Signal/Strategy Providers” or “Traders”), as further set out in this agreement and explained on the Platform’s website.
1.2.3. Any reference to your “Account” in the Platform and generally in relation to Pocket Copytrade, for the purposes of this Agreement, shall mean the personalized operation of the Platform concerning you, your relations with Pocket Copytrade and the transactions made by you through the use of the Platform’s functionality, as well as the capture and recording of such operation in the records and servers of Pocket Copytrade. Except for the purpose of receiving the applicable fees, Pocket Copytrade shall not receive or keep money or other assets belonging to you and, therefore, the meaning of the term “Account”, as defined above, does not refer to the holding of any of your assets.
1.2.4. Pocket Copytrade does not undertake, by this Agreement to conduct any of your transactions either as your counterparty or as your broker and therefore assumes no liability in the event of non-performance (total or partial) or delayed execution of the signals generated through the Platform.
1.2.5. Pocket Copytrade does not have any involvement in the determination and provision of the products made available to you by any Broker, including the applicable leverage and spreads.
1.2.6. In addition to the automated generation of trading signals, the Platform may allow you to generate your own trading signals (“manual” signals), as well as to monitor your transactions and be informed of their results and of your positions held with your Broker in the context of your Trading Account(s) that are connected with the Platform.
1.2.7. The choice of your Broker shall be made exclusively by you and your relationship with such Broker shall be governed by the agreement entered into between you and your Broker. Pocket Copytrade shall make available to you, through the website hosting the Platform, a list of the Brokers with which the use of the Platform is compatible, solely for your convenience, without proposing or suggesting any specific Broker to you.
2. Rules and arrangements for the provision of the service
2.1. Means of providing the service
2.1.1. You have access to the Platform through the website
2.1.2. Given the nature of the Pocket Copytrade Platform, as provided through the use of electronic applications, you are required to make use of appropriate technical means (e.g. a computer, internet connection etc.), as well as to have the necessary knowledge for the appropriate handling of such means. By entering into this agreement and accessing the Pocket Copytrade Platform, you acknowledge and confirm that you have the necessary equipment and sufficient expertise for its proper use.
2.1.3. By using the Pocket Copytrade Platform you acknowledge that you understand and accept the risks associated with Internet-based trading services including, but not limited to, hardware, software or Internet connection related issues, and the potential inability of timely transmission of the relevant communication due to interruptions and/or errors. Since Pocket Copytrade does not control Signal/Strategy power, its reception or routing via Internet, the configuration of your hardware or software, or the reliability of your Internet connection, you agree that you are solely responsible for such failures, including communication failures, disruptions, distortions and delays in trading. Pocket Copytrade recommends that you should be cautious when you use an iPhone, Smartphone, Blackberry or other handheld mobile device for trading or receiving data from the Pocket Copytrade platform. Handheld mobile devices depend on wireless connectivity, are subject to the limitations of mobile data, WiFi and mobile communication networks restrictions, and may not provide you with the same functions as accessing the Pocket Copytrade platform from a web browser. Pocket Copytrade shall not be liable to any person for any losses, damages, costs or expenses (including, but not limited to, loss of profits, loss of use, direct, indirect, incidental or consequential damages) resulting from the use of a handheld mobile device.
2.1.4. The use of the Pocket Copytrade Platform by you requires the combined use of your user name and password. The user name and password are created by you upon your registration in the Platform and remain private and strictly confidential. Pocket Copytrade may require for the activation of your access in the Platform a confirmatory email process or any other confirmation process ensuring that the identification data have been sent to/from you. The combined use of the user name and password by you establishes that the use of the Pocket Copytrade Platform and any activity in your Account (indicatively, choice of Signal/Strategy Providers, Account settings, manual actions, information on performed transactions, etc.) is made by you. It will be your responsibility to protect the secrecy of the user-name and password, bearing exclusive liability for any damage suffered as a result of any leaks or use thereof by a third party in any way, with or without your authorization. You may change the password at any time by following the relevant instructions listed on the website hosting the Platform, without any further disclosure of such change to Pocket Copytrade. For the purpose of preventing the use of the Pocket Copytrade Platform by a third party, it is recommended to change your password on a regular basis. Especially, in case of a leak of the user name or password, you shall immediately notify Pocket Copytrade and change the password.
2.2. No investment advice
2.2.1. Pocket Copytrade shall not provide to you any kind of investment advice or other investment service. Pocket Copytrade offers solely the technical means that enable you to adopt trading strategies of other users of the Platform, based on the assumption that you have consciously chosen to conduct CFD and/or FX transactions with a Broker of your choice. Pocket Copytrade does not recommend/suggest to any user of the Platform any transactions in any financial instrument nor does Pocket Copytrade represent that such transactions may be suitable or appropriate for you or any other user.
2.2.2. The history and statistics of the Signal/Strategy Providers, the trading signals generated by the Signal/Strategy Providers and the comments made by any Signal/Strategy Provider on the Platform’s website do not constitute any kind of personal recommendation towards you or any other user to conduct or abstain from any transaction or to follow or unfollow any Signal/Strategy Provider and should not be regarded as such.
2.3. Registration with the Platform
Unless otherwise expressly agreed, your registration with the Platform is that of a normal user (i.e. not a Signal/Strategy Provider) and this Agreement governs your relations with Pocket Copytrade under this specific and sole capacity.
2.4. Choice of Signal/Strategy Providers
The Platform provides you the opportunity to trade based on automated electronic signals. You may adjust the Platform’s settings so that it replicates in the Account the actions of one or more Signal/Strategy Providers of your choice.
The Signal/Strategy Providers are third parties who use their signals (as displayed on the Platform) to carry out transactions for their own account, through Brokers of their choice. In the case in which transactions of a specific Signal/Strategy Provider are performed in a simulated trading environment (“demo account”) and not though a real Broker account, Pocket Copytrade shall clearly state the server with a relevant server indication in the Provider’s profile in the Platform.
The Platform may incorporate, from time to time, tools or features classifying the Signal/Strategy Providers into specific categories, or attributing specific ratings or filtering a limited number of specific Signal/Strategy Providers or combinations thereof. Such tools are based on the application of technical criteria to the Signal/Strategy Providers’ past performance and statistics, in a way to bring to your attention Signal/Strategy Providers or combinations thereof that may correspond to your trading preferences. In all such cases, you will be able to view the Signal/Strategy Provider’s trading characteristics as well as to compare his trading history and performance with those of any other Signal/Strategy Provider. By entering into this Agreement, you acknowledge your understanding that in no case, such classifications, ratings filtering or combinations of Signal/Strategy Providers will be considered to constitute any kind of recommendation from Pocket Copytrade to follow any Signal/Strategy Provider (or any combined strategies) with a view to achieve any specific future result.
In the case of combinations of Signal/Strategy Providers, the operation of the said combination may be subject to specific rules that Pocket Copytrade will communicate to you and that you will be requested to accept before proceeding to the choice of such combinations.
2.5. Application of settings to selected Systems
The replication of a Signal/Strategy Provider’s signals in your Account will always be subject to the restrictions applied by your Broker as to the offer of the products that you trade. In addition, you may choose specific settings and limits for the signals generated by each selected Signal/Strategy Provider.
2.6. “Manual” actions
The Platform enables you to introduce trading signals in your Broker Trading Account at your own initiative (manually), meaning that you may open new positions or close positions previously opened by you or previously opened by a Signal/Strategy Provider. When you introduce your own trading signals manually through the Pocket Copytrade Platform interface, such signals will be executed by your Broker, however, for technical and other operational reasons, the prices provided by your Broker may be different than those that you see on the Platform at the moment of the placement of your manual signal. Pocket Copytrade shall accept no liability for any issues related to the execution of manual trades.
2.7. Limitations of the services and of Pocket Copytrade’s responsibility
2.7.1. Pocket Copytrade draws your attention to the following:
- The Signal/Strategy Providers neither are related to Pocket Copytrade nor have they any professional certifications or titles with relation to financial markets.
- Pocket Copytrade does not intervene in the content of the signals produced by the Signal/Strategy Providers.
- The Signal/Strategy Providers do not have access to and do not take into consideration any of the personal information or the position of the account of any of their respective followers.
- Monitoring and evaluation of the Signal/Strategy Providers by Pocket Copytrade takes place solely based on their past behavior and will in no case refer to their future behavior or to the achievement of future performance.
2.7.2. Although the Platform replicates exactly the signals of the relevant Signal/Strategy Provider(s) (after applying any limitations set by you in your settings), delays in the execution of your transactions by your Broker are probable. It is also probable that divergences arise between the prices that any Signal/Strategy Provider achieves, with respect to his/her own trades, and the prices that you achieve when following the signals of such Signal/Strategy Provider, even if your trades are carried out at the same time as those of the Signal/Strategy Provider. Such delays and divergences are normally attributable to the structure and function of the market, and particularly to (indicatively):
a) The time period, even if very short, between the moment a Signal/Strategy is received from the Signal/Strategy Provider and the moment of the execution of your trade by your Broker.
b) The overall operation of the FX and CFDs market, given that there is no single reference price for the participants in such market.
c) The special events occurring in the market, such as a steep price fluctuation (for example in the case of news announcement), a great volume of transactions waiting to be executed by your Broker or by your Broker’s liquidity provider.
Volatility or illiquidity in the Forex markets may also prevent orders from being executed at advantageous prices, or at all.
Therefore, Pocket Copytrade does:
- An immediate and complete execution of the signals by your Broker.
- The matching of the prices at which you carry out any specific trade with those at which the Signal/Strategy Provider carries out the same trade.
Generally, Pocket Copytrade shall not be liable to any person for any losses, damages, costs or expenses (including, but not limited to, loss of profits, loss of use, direct, indirect, incidental or consequential damages) occurring because trades cannot be executed due to market conditions, or from any errors of your Broker.
2.7.4. By entering into this agreement, you acknowledge that you accept the risks inherent to the performance of transactions in the financial instruments supported by the Platform and provided to you by your Broker and that Pocket Copytrade bears no liability for these risks. In particular you acknowledge:
i) That you are aware that transactions on financial instruments involve risks causing the reduction of the value of investments.
ii) That foreign exchange, CFDs and other leveraged trading activities involve significant risk of loss. Such activity is not suitable for all investors and you should make sure you understand the risks involved, seeking independent advice if necessary.
iii) That your trading results may vary depending on many factors. Because the risk factor is high in the foreign exchange, CFDs and other leveraged products, only genuine "risk" funds should be used in such trading. If you do not have the extra capital that you can afford to lose, you should not trade in leveraged products. No "safe" trading system has ever been devised, and no one can guarantee profits or freedom from loss.
iv) That hypothetical performance results have many inherent limitations, some of which are described below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or to adhere to a particular trading program in spite of trading losses are material points which can also adversely affect actual trading results. There are numerous other factors related to the markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.
v) That you are aware and accept the risks arising from the replication of investment strategies of third parties when using the Pocket Copytrade Platform and that past performance posted on the Platform is not indicative of future results.
In this respect, you are required to carefully read the risk disclosure note found here:
2.7.5. Pocket Copytrade shall not be responsible for any damage incurred by you (or a third party having any relevant right through you) due to force majeure (including the exercise of the right of strike, the malfunction of computers including the breakdown of computer systems or electronic communications), fraudulent usage of the data stored in its records and servers by third parties, failure of its electronic systems due to malfunctions of the communications’ network or malfunctioning of its software and hardware that is not attributable to the lack of maintenance or monitoring, as well as events related to the operation of third parties, such as interruption or suspension or limitation of the activities carried out by Brokers with whom Pocket Copytrade cooperates in the context of this agreement or third parties intervening in the course of your relationships and transactions with your Broker (exchanges, companies settling transactions, credit institutions etc.) for whatever reason.
2.7.6. Pocket Copytrade is not responsible for the actions or omissions of your Broker or any other third party with respect to the transactions that you carry out with your Broker for whatever reason.
2.7.7. Pocket Copytrade does not guarantee that the use of the Pocket Copytrade Platform will have a positive result or a specific performance for you. Any reference to the performance of transactions carried out by users of the Platform or Signal/Strategy Providers is related exclusively to the past and by accepting these terms you acknowledge that you are aware of such fact. Any reference to the performances of any Signal/Strategy Provider may not take into account the costs of transactions, such as Broker fees or any other fees applicable to your Pocket Copytrade Platform Account in the context of this Agreement.
2.7.8. The trades conducted by Signal/Strategy Provider on his own trading account may involve amounts greatly different from the amounts allocated by you to each transaction following the Signal/Strategy Provider’s activity. This may itself cause a significantly different result compared to the Signal/Strategy Provider’s profits or losses even if the remaining characteristics of your positions are the same as the ones of the specific Signal/Strategy Provider. In addition, particular limitations may be applied to your trading account by your Broker, which may not necessarily apply to the Signal/Strategy Provider at the same time. Such limitations may be due to specificities of the regulatory framework applicable to each Broker or to the Broker’s policies. The application of such limitations on your trading account may lead to further divergences between the results of the Signal/Strategy Providers’ trades and your own trades, especially if the Signal/Strategy Provider’s trading account is not subject to the same limitations.
2.8. Access to CFD Market Data to Demo Accounts
As regards CFDs, and to the extent feasible, Pocket Copytrade may provide to you access to online price and trade-related data regarding the underlying securities (“Market Data”). Such Market Data may include the streaming of quotes, market volume information, as well as pubic announcements relating to the issuers of underlying securities. Any such Market Data will be displayed on an “as is” basis, i.e. as received from Pocket Copytrade’s Market Data provider, and will include information that is available in a specific exchange. In this context, the prices of a specific underlying security that are displayed in the Market Data may be different from the prices of the same security in other exchanges or markets where the same security may be admitted.
The provision of access to certain categories of Market Data is subject to the acceptance by you of the terms of the Market Data Addendum which forms an annex to this Agreement. To the extent that the Market Data Addendum refers to a specific Market Data provider, such Addendum will be terminated or amended or substituted in the event of termination of Pocket Copytrade’s relationship with the specific Market Data provider or in the event of substitution of the Market Data provider. In such case Pocket Copytrade will apply its best endeavors in order to give you reasonable notice of the relevant event. In the case of substitution of the Market Data Provider, the provision of access to Market Data may be subject to the acceptance of additional terms by you.
Access to Market Data is provided to you exclusively for internal/personal use. You may not sell, lease, furnish or otherwise permit or provide access to Market Data to any other Person or to any other office or place. You will not engage in the operation of any illegal business use or permit anyone else to use Market Data, or any part thereof, for any illegal purpose or violation of any Regulatory Requirements. You may not present Market Data rendered in any unfair, misleading, or discriminatory format. You shall take reasonable security precautions to prevent unauthorized persons from gaining access to Market Data.
By utilizing Market Data related to individual US Stocks, you agree to be bound by the Market Data Addendum that can be found.
2.9. Inability to access the Platform
In case, for whatever reason, you are unable to access the Platform and its services, you must immediately notify Pocket Copytrade and contact your Broker directly to manage any open positions you have in your Trading Account. You may also request from your Broker to disconnect your account from Pocket Copytrade, while you are unable to access the Pocket Copytrade services, so as to avoid receiving new positions from Signal/Strategy Providers in your Trading Account.
3. Communication
3.1. Means of Communication
The communication between you and Pocket Copytrade shall take place, depending on the case, either in writing or orally. More particularly:
- The written communication takes place via documents exchange/shipping, via fax or via electronic mails being sent to the electronic addresses of the parties or via the Platform’s dedicated application for messages and communication.
- Oral communication takes place in principle via telephone. Pocket Copytrade may tape record your telephone conversations with its employees, in order to prove the content of such conversations, as well as for the protection of your and Pocket Copytrade’s mutual interests. All such recorded telephone conversations may be stored in accordance with its Data Privacy Policy that is available on Pocket Copytrade’s website.
3.2. Confidentiality
Pocket Copytrade will keep the information provided by you confidential under this agreement and take the necessary internal measures in order to ensure the confidentiality of such information. Confidentiality does not extend to any data or information
a) That Pocket Copytrade has an obligation to disclose to the public or any competent authority,
b) That have to be invoked by Pocket Copytrade before a Court or any competent authority for Pocket Copytrade’s defense with respect to a case pending against Pocket Copytrade relating to the relationships governed by this agreement,
c) That have to be communicated to companies cooperating with Pocket Copytrade in order for the obligations undertaken by Pocket Copytrade under this agreement to be fulfilled.
3.3. Information regarding your trading activity
Pocket Copytrade provides you with ongoing access to a personalized area of the Platform, in which you enter by using your individual codes, for the purpose of receiving at any time information on your trading activity at any period of time.
Although Pocket Copytrade will apply its best efforts in order to provide you complete and accurate information in a timely manner, such information is not intended to substitute the information that your Broker is expected to provide to you with respect to the activity of your Trading Account. Consequently, Pocket Copytrade draws your attention to the fact that you must regularly check your Trading Account’s activity and content with your Broker, through the relevant applications, trading platforms or other communication means that are made available to you by your Broker.
In case of various events that – in Pocket Copytrade’s reasonable opinion – may have an effect on your Account (such as a substantial change of trading behavior by a Signal/Strategy Provider that you may have selected), Pocket Copytrade may send you relevant notices through the Platform.
Pocket Copytrade provides 24-hour whatsapp helpline for the Platform. The relevant details can be found here:
3.4. Probative force of book files and computer records
Any copy or extract of the forms, data, books, records and files issued or kept by Pocket Copytrade, either in paper or in electronic form – in accordance with applicable legislation - or any extract of the Pocket Copytrade Account, which shall be exported by Pocket Copytrade and shall display the history of the Pocket Copytrade Account’s operation, shall constitute full proof for the activity of the Account. Similarly, extraction of logs regarding every aspect of the operation of your Account, including logs relating to your logging in the Platform and any use of the Platform by you, shall constitute full proof of the related facts.
3.5. Liability for transmission errors
In cases of delay, interruptions or other errors that may occur during the transmission of electronic mail or fax, as well as in cases of incorrect translation or interpretation of technical terms, Pocket Copytrade shall only be liable for willful misconduct or gross negligence of its executives, agents or employees.
4. Fees
4.1. Subscription Account
Unless explicitly indicated otherwise by Pocket Copytrade, in the case of a "Subscription Account", Pocket Copytrade is compensated for its services based on a monthly, quarterly and/or annual fee payable in advance.
4.2. Profit Sharing Account
In the case of a Profit Sharing Account, you shall pay directly to Pocket Copytrade a monthly fixed Subscription Fee at the start of the calendar month (calculated on a pro-rata basis for periods of less than a full month).
In addition to the Subscription Fee, you shall pay to Pocket Copytrade a percentage based Monthly Performance Fee per selected Signal/Strategy Provider. The Monthly Performance Fee shall be calculated on a weekly basis and shall be based upon your profit made from each selected Signal/Strategy Provider. Profit shall be determined by taking into consideration your equity at the end of each week, on all trading activity from each selected Signal/Strategy Provider (which includes all open and closed positions) during the same week, comparing it to previous Balances.
The Performance Fee will be applicable separately on each Signal/Strategy Provider and not in the aggregate performance of the Account as a whole.
To open an Account you must provide one or more payment methods. In case your primary payment method is declined or no longer available to Pocket Copytrade for the payment of the Subscription Fee and/or Performance Fees, Pocket Copytrade shall charge any one of the other payment methods associated to your Account, as the case may be, including but not limited to the Trading Account with your Broker. In such case, Pocket Copytrade will proceed to the collection of the fees from the Broker on a best effort basis, without further direction or confirmation from you, unless otherwise notified in writing. This applies to outstanding fees of a current or previous months. Pocket Copytrade shall not be held responsible or liable for any miscalculation or non-payment of said fees for any reason whatsoever.
You can cancel your account subscription at any time, and will continue to have access to the account through the end of the billing period. Payments are non-refundable and Pocket Copytrade does not provide refunds or credits for any partial - month subscription periods or unused Account. To cancel the subscription, you should follow the relevant instructions of the Platform.
The amounts of the Subscription Fee and Performance Fees are available on Pocket Copytrade’s website and shall be communicated to you in the context of the subscribing to a Signal/Strategy Provider. Pocket Copytrade may change the said amounts from time to time; however, any such changes will apply to subsequent billing cycles following notice of the change(s) to you. Profit Sharing Account fees may be charged by Pocket Copytrade itself or by any other Affiliate entity of Pocket Copytrade as the case may be.
By utilizing a Profit Sharing account, you agree to be bound by the Agreement on the Storage of the Cardholder’s Credentials that can be found.
5. Authorizations
You hereby authorize Pocket Copytrade to access the Trading Account held by you with your Broker, via all appropriate technical means and - to the extent necessary - the relevant competent personnel and executives thereof, in order:
a) to connect the Platform to your Trading Account in a way to allow the introduction of the signals resulting from the operation of the Platform in your Trading Account;
b) to obtain full information about your Trading Account connected to the Platform, in order to be able to provide comprehensive information to you via the Platform;
c) to obtain information regarding your identification, for the purpose of providing the Pocket Copytrade Platform to you, receiving payments from you and complying with any applicable rules (including for the prevention of money laundering)
d) to proceed to any other necessary consultation and collaboration with the Broker in order for the purpose of this agreement to be fulfilled.
6. Client’s Data
6.1. Client’s identity
For proof of your identity and that of any representatives designated by you, Pocket Copytrade may rely upon any document that, by law, is regarded as proof of identity of a person or legal entity. Pocket Copytrade shall not be responsible for the validity, legal integrity or authenticity of such documents. If you suffer loss by error, misunderstanding, deception or fraud as to the person giving instructions to Pocket Copytrade to carry out a specific action, Pocket Copytrade shall only be liable for willful misconduct or gross negligence of its executives, employees and agents.
6.2. Signature specimens
Pocket Copytrade is entitled to receive and keep specimens of your and your representatives’ signatures, if necessary for the fulfilment of the Service.
6.3. Change of data
You shall notify Pocket Copytrade on your own initiative, without delay, of any change of name, contact information (especially e-mail address) and other data you have provided to Pocket Copytrade when entering into this agreement, as well as any change regarding the powers of representation granted to other persons (if applicable). You are not entitled to oppose against Pocket Copytrade any change of the above data, if such change has not been notified to Pocket Copytrade in writing.
6.4. Personal Data
Your personal data, as disclosed to Pocket Copytrade from time to time, will be stored, processed and disclosed to third parties for the purpose of providing the services and complying with Pocket Copytrade’s obligations, in accordance with Pocket Copytrade’s Data Privacy Policy, which is available through the link
7. Refund Policy
Pocket Copytrade will issue a refund to you for losses caused by Platform Errors, if you provide timely notice of the error to Pocket Copytrade as described below. A Platform Error occurs if a trading Signal/Strategy that should have been rejected according to the your account settings is accepted by Pocket Copytrade and submitted to your broker, or if a trading Signal/Strategy that should have been accepted according to your account settings is rejected by Pocket Copytrade and not submitted to your broker. Pocket Copytrade shall not be responsible for refunding lost profits resulting from Platform Errors under any circumstances.
Errors of Signal/Strategy Providers or Brokers shall not be considered Platform Errors, and Pocket Copytrade shall not be responsible for refunding losses or lost profits resulting from such errors under any circumstances.
In order to receive a refund of losses caused by Platform Errors, you must notify Pocket Copytrade in writing of your potential claim. You must deliver the written notice to Pocket Copytrade as soon as you knew, or should have known, of the Platform Error, but in any event, no later than twenty-four hours after the Platform Error occurred. If Pocket Copytrade does not receive such notice from you within twenty-four hours after the Platform Error occurred, it will not be liable for any losses resulting from the Platform Error.
If Pocket Copytrade confirms that a Platform Error occurred with respect to your account, and you provided the required notice to Pocket Copytrade within twenty-four hours, you will receive a refund of your losses caused by the Platform Error (not including lost profits). Pocket Copytrade processes all Refunds requests within 20 days following the acknowledgment of the receipt of the Refund request.
You are required to review your Account statements and monitor your Account status at least daily to ensure that your trades were placed, and that all trades that were made on your Account were authorized by you and also monitor your Broker’s reports and platform with respect to your Trading Account, as highlighted in clause 3.3. hereof.
Except as expressly provided by this refund policy, neither Pocket Copytrade, nor our owners, directors, officers, principals, employees or agents shall be liable to any person for any losses, damages, costs or expenses (including, but not limited to, loss of profits, loss of use, direct, indirect, incidental or consequential damages) resulting from any errors in the Pocket Copytrade Platform.
8. Final provisions
8.1. Representation regarding funds
By accepting these terms and proceeding to the opening and operation of your Account, you represent and certify to Pocket Copytrade that:
a) all amounts of money that you have deposited and/or will deposit with your Broker belong to you, are from a legal source and do not derive from acts or activities falling within the prohibitions of the laws on the prevention and suppression of money laundering;
b) generally you shall comply with the legal provisions and shall not engage in illegal or prohibited actions or practices;
c) all information that you have provided or that you will provide to your Broker or to Pocket Copytrade regarding yourself and the origin of your assets are/will be true.
8.2. Restrictions to the use of Platform Information
By viewing Pocket Copytrade’s website and trading on Platform, you fully understand and agree to respect the proprietary rights of Signal/Strategy Providers and of Pocket Copytrade, and you represent that you do not desire to acquire from the Signal/Strategy Providers any trade secrets or confidential information.
You represent that you will be using signals solely for your own Pocket Copytrade Account and that you will not be reproducing such signals with any third party platforms or services outside of the Pocket Copytrade platform, without the written permission of Pocket Copytrade. Immediately upon notice from Pocket Copytrade that, in Pocket Copytrade’s opinion, any use of the Platform does not comply with this standard, you will cease such manner of use. Furthermore you agree that Pocket Copytrade may at its sole discretion disable your access to the Platform at any time, in the case of system abuse or any infringement of any patent, copyright, trademark or other proprietary right or infringement upon a trade secret of any person or entity, or other reasons not described in this Agreement.
8.2. Duration – Termination
This agreement is of indefinite duration. The agreement shall take effect after acceptance by the Client and upon the opening of the Account by Pocket Copytrade, and shall be terminated upon the closure of the Account. The Account may be closed either by a request from you, subject to Pocket Copytrade’s acceptance and provided that no Fees are outstanding, or in Pocket Copytrade’s initiative with a reasonable notice or – in the case of inactive accounts – with no notice.
8.3. Governing law – Jurisdiction
8.2.1. All contractual relationships between Pocket Copytrade and the Client are governed by the laws of South Africa.
8.2.2. The courts of Johannesburg, Gauteng will be competent for any dispute between you and Pocket Copytrade arising from this contractual relationship. Pocket Copytrade has the discretion to choose any other court having jurisdiction for the exercise of its claims against you.
8.3. Other terms
8.3.1. The terms of this agreement shall only be amended by a written agreement between you and Pocket Copytrade (including by way of acceptance by electronic means), without prejudice to the provisions of the following paragraph.
8.3.2. Pocket Copytrade shall have the right, at any time and under its sole and absolute discretion, to unilaterally change and/or amend the terms and conditions of this Agreement. You agree that any new format of this Agreement which shall be posted on Pocket Copytrade’s Website shall be considered as sufficient provision of notice for the changes and/or amendments made in such new format and shall become effective as of the date of posting it as aforesaid.
8.3.3. Any delay or omission of Pocket Copytrade to exercise any statutory or contractual right, in no way shall be deemed or construed as a waiver of the respective right.
8.3.4. In case one or more the terms of this agreement is or becomes unenforceable, it shall not affect the validity of the remaining terms and the remaining provisions shall remain in force.
8.3.5. You shall not assign or transfer in any way to third parties any of your rights and claims arising from your relations with Pocket Copytrade under this Agreement, unless otherwise agreed in writing.
Personal Information
When you apply for or maintain a Pocket Copytrade Account, we collect personal information about you for business purposes; to evaluate your financial needs, to process your requests and transactions, to inform you about products and services that may be of interest to you, and to provide client service. You may choose what you receive from us at any point by accessing the notification option in your account. Such information may include:
Updated Privacy Policy compliant with the
Security Technology
Pocket Copytrade uses Secure Socket Layer(SSL) encryption technology to protect the information that you submit. This technology protects Users from having their information intercepted by anyone other than Pocket Copytrade during transmission. We work hard to ensure that our websites are secure and that they meet industry standards. We also use additional safeguards: firewalls, authentication systems (e.g., passwords and personal identification numbers) and access control mechanisms to control unauthorized access to systems and data.
Sharing Information With Our Affiliates
As permitted by applicable law, we may share the personal information described above with our affiliates for business purposes; such as servicing client accounts and informing clients about new products and services. Our affiliates may include companies controlled or owned by Pocket Copytrade, as well as companies which have an ownership interest in our company. The information we share with affiliates may include any of the information described above: your name, address, account information, etc. Our affiliates maintain the privacy of your information to the same extent that Pocket Copytrade does in accordance with this Policy.
Sharing Information With Third-Parties
With the exception of the purposes described in this Policy, Pocket Copytrade does not disclose personal information to third-parties. Third-party disclosures may include: sharing such information with non-affiliated companies that perform support services for your account or facilitate your transactions with Pocket Copytrade; including those that provide professional, legal, or accounting advice to Pocket Copytrade. Non-affiliated companies that assist Pocket Copytrade in providing services to you are required to maintain the confidentiality of such information to the extent they receive it and to use your personal information only in the course of providing such services and only for the purposes which Pocket Copytrade dictates. We may also disclose your personal information to third-parties in order to fulfill your instructions or pursuant to your express consent. Pocket Copytrade will not sell your personal information.
Regulatory Disclosure
Under limited circumstances, Pocket Copytrade may disclose your personal information to third-parties as permitted by, or to comply with, applicable laws and regulations. Pocket Copytrade may disclose personal information to cooperate with regulatory authorities, law enforcement agencies, to comply with subpoenas or other official requests, and as necessary to protect Pocket Copytrade’s rights or property. Except as described in this Privacy Policy, your personal information will not be used for any other purpose unless we explicitly describe in what manner such information will be used at the time you disclose it to us or we obtain your permission.
For any other information please contact us at copytrade@pocketp2p.com